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MOBIL OIL CORPORATION v. FAIRFAX DRAINAGE DISTRICT

No. 46,456

211 Kan. 9 (1973)

505 P.2d 687

MOBIL OIL CORPORATION, a Corporation, Plaintiff-Appellant, v. THE FAIRFAX DRAINAGE DISTRICT OF WYANDOTTE COUNTY, KANSAS; JAMES L. CONROY, County Clerk, and EUGENE T. BARRETT, County Treasurer, Defendants-Appellees.

Supreme Court of Kansas.

Opinion filed January 20, 1973.

Attorney(s) appearing for the Case

George Maier, Jr., of Kansas City, Kansas, argued the cause and was on the brief for the plaintiff-appellant.

Joseph H. McDowell, of Kansas City, Kansas, argued the cause and was on the brief for the defendants-appellees.

Per Curiam:

Article 3, § 2 of the Kansas Constitution, after its amendment of November 7, 1972, still requires the concurrence of not fewer than four justices of this court for a decision. One justice being disqualified and the remaining six being equally divided, the decision of the trial court must stand. See Tramill v. Holland, 210 Kan. 180, 499 P.2d 1075, and cases cited therein...

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