From Casetext: Smarter Legal Research

Kendig v. Kretsinger

Supreme Court of Kansas
Jun 11, 1966
415 P.2d 250 (Kan. 1966)

Opinion

No. 44,559

Opinion filed June 11, 1966.

SYLLABUS BY THE COURT

APPEAL AND ERROR — Moot Question. This court will not consider abstract questions which, when established, can have no effect on the rights of the parties.

Appeal from Lyon district court; JAY SULLIVAN, judge. Opinion filed June 11, 1966. Dismissed.

Alvin Shapiro and Norman E. Gaar, both of Kansas City, Missouri, and Elvin D. Perkins, of Emporia, argued the cause and were on the briefs for the appellants.

Jerry R. Demo, of Emporia, argued the cause and was on the briefs for the appellee.

James W. Putnam, of Emporia, argued the cause, and Richard Mankin, of Emporia, was with him on the briefs for the intervenor.


The opinion of the court was delivered by


This is an appeal from a judgment denying injunctive relief in an action to stay the issuance of a building permit.

On October 13, 1965, appellants filed their petition seeking to permanently enjoin the appellee, the county engineer of Lyon County, from issuing a building permit until such time as the Kansas Supreme Court had had an opportunity to decide the appeal in the case of Moyer v. Board of County Commissioners, 197 Kan. 23, 415 P.2d 261, in which the zoning of the tract in question was in issue.

The petition was dismissed by the district court on the ground appellants had an adequate remedy at law, hence this appeal.

The Moyer case has now been decided. The injunctive relief sought by appellants would no longer serve any valid purpose as the decision in the Moyer case changed the conditions under which injunctive relief was sought.

This court is committed to the rule that a question raised on appeal will not be considered where it clearly appears that before the submission of the question to this court for determination there has been a change of circumstances which would make any judgment it might render of no consequence to the particular issue litigated in the court below. This court will not decide issues where its judgment could not be made effective or would have no effect on the rights of the parties. ( Row v. Artz, 168 Kan. 71, 211 P.2d 66; Diehn v. Penner, 169 Kan. 63, 216 P.2d 815; Carr v. Diamond, 192 Kan. 377, 388 P.2d 591.)

The appeal is dismissed.

APPROVED BY THE COURT.


Summaries of

Kendig v. Kretsinger

Supreme Court of Kansas
Jun 11, 1966
415 P.2d 250 (Kan. 1966)
Case details for

Kendig v. Kretsinger

Case Details

Full title:H.L. KENDIG and ROXANNA KENDIG, Appellants, v. WILLIAM D. KRETSINGER…

Court:Supreme Court of Kansas

Date published: Jun 11, 1966

Citations

415 P.2d 250 (Kan. 1966)
415 P.2d 250

Citing Cases

Wood v. Gautier

Plaintiff sought to bring the subject of subrogation to the attention of the jury by way of questioning,…

Taylor v. State

This court will not consider abstract questions which can no longer have effect on the rights of the parties.…