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No.

2006AP450.ssa

rational basis test to determine the validity challenged on substantive due process grounds. 5

of

a

law

3. An ordinance, including a "permit use only zone," will be invalidated as a matter of substantive due process under the rational basis test only if it is clearly arbitrary and unreasonable, having "no substantial relation

to

the public health,

Majority

op.,

¶2.

6

In

safety, applying

moral or general the rational basis

welfare." test, the

court looks

for

support

for

the

The support

for

the law

need

not

of the law.

law that is be expressed

challenged. on the face 7

4. A "permit use only zone" is constitutional, as a matter of substantive due process, if it bears a substantial relation to the public health, safety, moral or

general welfare. unconstitutional

8

as

a

A

"permit

matter

of

use only substantive

zone"

is

due

process

when it is clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, moral or general welfare. 9

5. The "permit use only zone" at issue in the instance case is unconstitutional because nothing in the record or

5

See, e.g., majority op., ¶¶28-29, 34, 37.

6

See, e.g., majority op., ¶¶26, 34-38, 65.

7 Ferdon v. Wis. Patients Comp. Fund, 2005 WI 125, ¶184, 284 Wis. 2d 573, 701 N.W.2d 440.

8

See, e.g., majority op., ¶¶43-45.

9

See, e.g., majority op., ¶¶40-42, 46.

3

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