HEGENES v. STATE

No. 82-355.

328 N.W.2d 719 (1983)

In re Objections and Defenses to Real Property Taxes for the 1979 and 1980 Assessments. Gary HEGENES, Relator, v. STATE of Minnesota, Respondent, County of Hennepin, Respondent.

Supreme Court of Minnesota.

January 7, 1983.


Attorney(s) appearing for the Case

Lapp, Lazar, Laurie & Smith, Benjamin J. Smith and Douglas J. Shiell, Minneapolis, for relator.

Warren Spannaus, Atty. Gen., and James W. Neher, Sp. Asst. Atty. Gen., Dept. of Revenue, St. Paul, for State of Minn.

Thomas L. Johnson, County Atty., and Robert T. Rudy, Asst. County Atty., Minneapolis, for County of Hennepin.

Heard, considered and decided by the court en banc.


SIMONETT, Justice.

The taxpayer challenges, on equal protection grounds, the constitutionality of a state tax statute separating into different classes nonhomestead residential properties of three units or less (duplexes and triplexes) and those properties with four or more units. The Tax Court held the classification to be constitutional, and we affirm.

In 1979 the legislature enacted Minn.Stat. § 273.13, subd. 19 (1979), which read in part as follows...

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