# Millsap v. Quinn

> Supreme Court of Missouri · March 13, 1990 · 785 S.W.2d 82

URL: https://www.frixlaw.com/law-library/cases/9673930

## Case

- **Full name:** Wayne L. MILLSAP, Et Al., Respondents, v. Robert J. QUINN, Jr. and Patricia J. Kampsen, Appellants
- **Court:** Supreme Court of Missouri
- **Decided:** March 13, 1990
- **Citations:** 785 S.W.2d 82; 1990 Mo. LEXIS 25; 1990 WL 26344
- **Precedential status:** Published
- **Opinion:** Concurring in part by Billings
- **Judges:** Rendlen, Blackmar, Higgins, Covington, Holstein, Billings, Robertson
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9673930

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9673930. Public record. Not legal advice.