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Agenda - Council - 12/20/1983
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Agenda - Council - 12/20/1983
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
12/20/1983
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I <br /> ! <br /> I <br /> I <br /> I <br /> i <br /> I <br /> I <br /> i <br /> I <br />ii' <br /> I <br /> I <br />I <br />,I <br /> ! <br /> <br />to a legitimate governmental purpose. E.~., City of New Orleans v. <br />Dukes, 427 U.S. 297, 303, 96 S. Ct. 2513, 2516-17 (1977).26/ In <br /> <br />applying this test, the legislature's judgment is not lightly to be <br /> <br />second-guessed: <br /> <br />[T]he legislature [has] broad discretion in <br />determining that a classification bears a <br />reasonable relation to a governmental purpose, <br />and the courts should not interfere unless there <br />is palpable error. <br /> <br />Matter of McCannel, 301N.W.2d 910, 917 (Minn. 1980). <br /> <br />More particularly, when a statute under attack relates to <br /> <br />taxation or the fiscal affairs of the state, the court must be even <br /> <br />more wary of interfering with legislative discretion. The Minnesota <br /> <br />Supreme Court has explaihed this principle of deference on a number <br /> <br />of occasions by quoting from the United States Supreme Court: <br /> <br />The broad discretion as to classification <br />possessed by a legislature in the field of <br />taxation has long been recognized .... IT]he <br />passage of time has only served to underscore <br />the wisdom of that recognition of the large area <br />of discretion which is needed by a legislature <br />in formulating sound tax policies .... It <br />has . . . been pointed out that in taxation, <br />even more than in other fields, legislatures <br />possess the greatest freedom in <br />classification .... IT]he presumption of <br />constitutionality can be overcgme only by the <br />most explicit demonstration that a <br />classification is a hostile and oppressive <br /> <br />di~(~rimination against particular persons and <br />classes .... <br /> <br />Although the Minnesota Supreme Court has on occasion expressed <br />the standard to be applied in such cases in terms of three <br />factors, it has recently acknowledged that its three-part test <br />is merel,, a restatement of the "rational relationship to a <br />legitimane governmental purpose" standard. AFSCME Councils 6, <br />14, 65 and 96, AFL-CIO v. Sundquist, No. C1-83-152, slip. op. <br />at 13 n. 12 (Minn. Sup. Ct. Sept. 16, 1983). <br /> <br />-17- <br /> <br /> <br />
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