Arneson v. State Ex Rel. Department of Administration

RETIRED JUSTICE McDONOUGH

delivered the Opinion of the Court.

This is an appeal from the decision of the District Court of the First Judicial District, Lewis and Clark County, concluding that § 19-4-711, MCA (1991) (now codified at § 19-20-711, MCA), is unconstitutional to the extent that it employed an unreasonable classification in violation of the equal protection clause of the Montana Constitution, Article II, Section 4. We affirm.

The appellants’ appeal and the respondent’s cross appeal raise the following issues:

1. Did the District Court err when it applied the rational basis test rather…