reviewed by the Court, three dissents
How later courts described this case
- reviewed by the Court, three dissents
Written by the judges who cited it.
The opinion
TaNNENWaud, J., concurring: I agree with the result reached by the majority, but I do so on the basis that the petitioners have not carried their normal burden of proof as to the absence of discrimination. In cases of this type, I would not impose upon taxpayers the increased burden of proving that the respondent’s determination was “arbitrary, unreasonable, or an abuse of discretion.”
FeatherstoN, J., agrees with this concurring opinion.