The opinion
Robert L. Brown, Justice, concurring. While I agree that a classification has been shown by Benton County relating to the cities of Bentonville and Siloam Springs, Benton County had the burden of proving no legitimate rational basis existed for the classification when Act 219 was enacted in 1963. This was not done. In fact, both the county and the cities focused on the past nine years in their arguments, pro and con, about whether a rational basis existed for the classification.
It is not the job of this court to speculate about the circumstances in 1963 which might militate in favor of a conclusion that Act 219 was special or local legislation under Amendment 14. Nor is it our job to ascertain those circumstances and make the arguments for the parties.
Whether Act 219 violated Amendment 14 in 1963 remains an open question. For these reasons, I concur.
Imber, J., joins this concurrence.