School District of Riverview Gardens v. St. Louis County

HAROLD L. LOWENSTEIN, Special Judge,

concurring in result.

I concur in result. I would strike down the portion of the statute in question on equal protection grounds and also as special legislation. Actually there is little difference in the analysis for an equal protection violation and legislation deemed special. This is especially so where the classification does not “bear any reasonable relationship to the object to be accomplished.” Bopp v. Spainhower, 519 S.W.2d 281, 286 (Mo. banc 1975).

Whether a statute is challenged on equal protection or special legislation grounds, therefore, the…