Agenda - Council - 12/20/1983 - Laserfiche WebLink

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I I I I I I i I ! I I I I I I I I I formula is complicated, its terms are clear, and there can be no genuine dispute about how it is to be applied in the determining the amount of aid each local government receives.23./ Similarly, there is no factual dispute about how the formula actually has been applied by the Department of Revenue in calculating local government aid for the 1984 aid year. The figures that have been used by the Department of Revenue as the elements of the formula for each city are known and indisputable. Finally, the results of the application of the formula are also uncontroverted. The amount of aid the Department of Revenue has determined each local government unit is entitled to based on the challenged formula is known. See Gardner Affidavit, Exhibit 2.24/ There is nothing left for a trier of fact to determine regarding these factual issues. Moreover, even with regard to "legislative" facts, such as the purpose for the local government aid formula in general or the rationale for specific elements, there can be no genuine dispute. More significantly, such legislative facts are not matters that need be subjected to the evidentiary fact-finding process. Rather, they (Footnote continued) claim survives at all, it applies only to the current version of the local government aid formula. 2,3../ Moreover, even if there were a dispute concerhing interpretation of the formula, that would present a legal rather than a factual issue for the Court'~s determination. 24/ For the Court's information, the amount of local government aid received by Ramsey for each year since 1971 is listed in the Gardner Affidavit, para. 5 -15-