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VILLAGE OF BURNSVILLE v. ONISCHUK

Nos. 44232, 44253.

222 N.W.2d 523 (1974)

VILLAGE OF BURNSVILLE, et al., Respondents, v. Carl ONISCHUK, Auditor of Dakota County, Respondent, Lou McKenna, Auditor of Ramsey County, Respondent, Charles Lefebvre, Auditor of Anoka County, et al., Appellants-Respondents, Thomas Greeder, Auditor of Washington County, Respondent, Olaf Kaasa, Finance Director of Hennepin County, et al., Respondents, Metropolitan Council, Intervenor, Respondent-Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 3, 1974.

Attorney(s) appearing for the Case

Weaver, Talle & Herrick, Anoka, Warren Spannaus, Atty. Gen., Curtis Forslund, Chief Deputy Atty. Gen., Patrick Murray, C. H. Luther, Deputy Attys. Gen., Dept. of Taxation, St. Paul, for Lefebvre.

Dorsey, Marquart, Windhorst, West & Halladay and John W. Windhorst, Jr., and William H. Hippee, Jr., Minneapolis, for Metropolitan Council.

Grannis & Grannis and Roger Knutson, So. St. Paul, for Burnsville and others.

John O. Sonsteng, County Atty., George May, Asst. County Atty., Hastings for Carl Onischuk.

William Randall, County Atty., St. Paul, for Lou McKenna.

John Jansen, County Atty., Stillwater, for Thomas Greeder.

George Scott, County Atty., Minneapolis, for Olaf Kaasa.

Allen I. Saeks, Minneapolis, Donald Lais, St. Paul, Robert Heacock, Jr., Bloomington, amicus curiae.

Considered and decided by the court en banc.

OTIS, Justice.

The issue raised by this appeal is the constitutionality of Ex.Sess.L.1971, c. 24, Minn.St. 473F, commonly referred to as the "Metropolitan Fiscal Disparities Act." The trial court held the statute to be in violation of Minn.Const. art. 9, § 1, and we reverse.

The action was initiated as a declaratory judgment suit by the village of Burnsville, located in Dakota County, against the auditors of Dakota County, Ramsey County, Anoka County...

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