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I <br />I <br />I <br />I <br />! <br />i <br />I <br /> <br /> I <br />,I <br /> I <br /> I <br /> I <br /> <br />Page -3- <br /> <br /> It is not enough for the defendants to say over and over <br />again merely that the law is rationally related to a legitimate <br />legislative purpose. This whole litigation centers on whether <br />the Local Government. Aid Statute is rationally, related, i.e. <br />does achieve, promote and further, a legitimate purpose. The <br />court cannot decide whether a given purpose is rationally <br />related to the statutory scheme unless testimony is taken and <br />evidence presented. In the affidavit submitted by Edward <br />Robinson, the plaintiffs have taken direct issue with the <br />proposition that this legislation is rationally related to a <br />legitimate purpose. Plaintiffs intend to show at trial, and <br />Robinson's affidavit supports this, that the legislation does <br />not achieve, promote, or further its legislative purpose and <br />that accordingly it is not rationally related to that purpose <br />or purposes. <br /> <br /> As both plaintiffs and defendants agree, the test under <br />the Minnesota Constitution is the same as the Federal Equal <br />Protection test. The Minnesota Supreme Court in another case <br />cited by defendants has again reasserted its formulation of <br />the rational basis standard. In AFCME Councils 6, 14, 65 and 96, <br />AFL-CIO v. Sundquist, 338 NW2d 560 (Minn. 1983) at page 570, <br />footnote 12, the court repeated the three prong test which <br />plaintiffs originally cited to the court on page 3 of their <br />Memorandum. Citing from the United States Supreme Court, the <br />court noted the application of the standard involves two basic <br />inquiries: <br /> <br />"'In determining whether a challenged classifica- <br />tion is ~-ationally related to achievement of a <br />legitimate state purpose, we must answer two <br />questions: (1) Does the challenged legislation <br />have a legitimate purpose; and (2) Was it reason- <br />able for the lawmakers to believe that the use of <br />the challenged classification would promote that <br />purpose?" (emphasis supplied) <br /> <br />Id. 338 NW2d at 570. <br /> <br />The numbered questions posed by the court only aid in a determina- <br />tion of whether the law achieves its purpose. <br /> <br /> Even defendants' citation of L. Tribe, American Constitutional <br />Law (1978) is incomplete. In Tribe's discussion of the basic <br />requirements of minimum rationality under equal protection, he <br />states the scope of review necessary under such a challenge as: <br /> <br />"To provide such scope, equal protection came to <br />be seen as requiring 'some rationality in the <br />nature of the class singled out,' with 'rationality' <br />tested by the classifications ability to ~erve the <br />purposes intended by the legislative or administrative <br />rule " <br /> <br />5~ iDe at 995. <br /> <br /> <br />