Case Explained: Scannell Properties #516, et al. v. City of Edwardsville, Kansas, et al.

Court: United States Court of Appeals for the Tenth Circuit Filed: 2026-08-06 Docket: 2:24-CV-02604-JWB-BGS) The Tenth Circuit dismissed the appeal as moot because the City of Edwardsville repealed and replaced the original ordinance that was the subject of the district court’s ruling while the appeal was pending. The court applied the standard that an appeal becomes moot when a live controversy no longer exists, noting that the repeal of the challenged law eliminates the specific injury the appellants sought to remedy in their request for a preliminary injunction. Although the new ordinance imposed some remaining restrictions on northbound trucks, the court found the change material because it softened the alleged harm by allowing southbound heavy trucks to access the properties, thereby altering the balance of equities required for an injunction that the district court never had the opportunity to evaluate under the new legal framework. The court rejected the voluntary cessation exception to mootness, finding no evidence that the city intended to reenact the original ordinance once litigation ended. Consequently, the court declined to vacate the district court’s denial of the preliminary injunction or exercise pendent appellate jurisdiction over other dismissed claims, resulting in the dismissal of the appeal and all outstanding motions. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.