Stone v. Graham

599 S.W.2d 157, 1980 Ky. LEXIS 213

Opinions

PER CURIAM.

The members of the court participating in the consideration of this appeal being equally divided, the judgment of the trial court must stand as affirmed without an official opinion of this court. SCR 1.020(l)(a). Justice Stephens declared himself disqualified by reason of his having participated in the controversy in his former capacity as Attorney-General. Justices Lukowsky and Sternberg and Chief Justice Palmore being of the opinion that the statute in question is invalid, would reverse. Their viewpoints are expressed in an opinion by Justice Lukowsky which is attached to this opinion. Justices Aker, Clayton, and Stephenson are of the opinion that the statute is valid, and they would affirm. Separate opinions by Justices Clayton and Stephenson expressing their respective viewpoints also are attached to this opinion.

The judgment stands affirmed, subject to the provisions of CR 76.32.