Legal Opinion · Dissent

Zuckerman v. Bevin

Missouri Court of Appeals

Decided November 15, 2018No. 2018-SC-000097-TG; 2018-SC-000098-TG; 2018-CA-000289-MRPublished

1Dissent

KELLER, J., DISSENTING:

I concur with the majority opinion's holding that the RTWA survives an equal protection challenge if the rational basis test is the appropriate level of scrutiny to apply; I also agree that the RTWA is not a violation of the Takings Clause. However, I respectfully dissent from the majority opinion's holding that the RTWA was not passed in contravention of Kentucky's Constitution relating to special and emergency legislation.53

Section 59 and Special Legislation.

A. The delegates at the 1891 Constitutional Convention made the barring of special legislation a priority.

Lawmak…

2Cases cited18 opinions

  1. Janus v. State, County, and Municipal EmployeesSupreme Court of the United States · 2018
  2. Williams v. Mayor of BaltimoreSupreme Court of the United States · 1933
  3. Yeoman v. Com., Health Policy Bd.Kentucky Supreme Court · 1998
  4. Caneyville Volunteer Fire Department v. Green's Motorcycle Salvage, Inc.Kentucky Supreme Court · 2009
  5. Schoo v. RoseCourt of Appeals of Kentucky (pre-1976) · 1954

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