Opinion

Millsap v. Quinn

  • 785 S.W.2d 82
  • 1990 Mo. LEXIS 25
  • 1990 WL 26344
Court
Supreme Court of Missouri
Filed
Mar 13, 1990
Status
Published
Author
Billings
On the bench
Rendlen, Blackmar, Higgins, Covington, Holstein, Billings, Robertson
Cited by
7 cases

involving a constitutional provision

How later courts described this case

  • involving a constitutional provision
  • term freeholder struck from state constitutional provision leaving the rest intact

Written by the judges who cited it.

The opinion

BILLINGS, Judge,

concurring in part and dissenting in part.

I agree with the principal opinion’s reasons and conclusion that the “freeholder” provision of the Missouri Constitution violates the equal protection clause of the Fourteenth Amendment of the United States Constitution. I cannot agree that the unconstitutional provision can properly be severed from the section so as to permit the appointment of a new Board. In my view, the “freeholder” requirement taints the entire section. Neither can I agree *86 that the petition for declaratory judgment can be construed to permit the appointment of a new Board.

I would reverse the case with directions to enter a judgment for appellants.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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