<br />
<br />
<br />IES
<br />
<br />iva~ interest; and the .
<br />rational relation to the
<br />to be served. Gr"lt8~_
<br />'It Co., 478 N.W.2d 200
<br />,
<br />
<br />>rdinance sUbstantially
<br />governmental purpose
<br />uyses, it satisfies this
<br />sis test for equal pro-
<br />ve due process pur-
<br />~ipe, 508 U.S. at 640
<br />,n that employer's du~
<br />! unavailing, "it would
<br />discover" that legis la-
<br />!s takings clause); see
<br />ItT Leaf Creame/"y Co.,
<br />, 101 S.Ct. 715, i2i n.
<br />91) (if legislation does
<br />ction, it does not \10-
<br />Icess either); Skeen v.
<br />312 (Minn.1993) (stan.
<br />brought under state
<br />same as that applied
<br />. federal equal protec-
<br />M01'1'CnO, 492 K.W.2d
<br />n (constitutional chal-
<br />process or equal pro-
<br />.te constitutions raise
<br />
<br />e "real" or "actual"
<br />e and insists that the
<br />, presumably because
<br />me more to protect
<br />ancial interests. Ar-
<br />land is necessary for
<br />Lt the City meant in
<br />linance by the refer-
<br />ature and problems
<br />conversion of manu-
<br />In doing so, Arcadia
<br />shift the burden to
<br />:ty of the ordinance
<br />
<br />ther criticizes the
<br />written findings in
<br />- to adopt -the ordi-
<br />ty of Coon "Rapids.
<br />m.1981) (municipali.
<br />temporaneous find-
<br />
<br />ISsociated with closure
<br />
<br />.{
<br />~ ~
<br />
<br />-.
<br />
<br />ARCADIA DEVELOP. v. CITY OF BLOOMINGTON
<br />Clteu552 N.W.2d 281 (MJnn..App. 1996)
<br />to support any zoning decision, whether 789 (Minn.1989) (statute "survives e~ual ~ro-
<br />~tive or quasi-judicial). This is not a tection and due process challenges" if ration-
<br />cbIllenge to a zoning decision, b~t to the ally related to legitimate government objec-
<br />Otis adoption and enforcement of an ordi- tive). We refuse to add this third prong to.
<br />aance- Legislative bodies generally are not our analysis.
<br />required to articulate reasons for enacting a
<br />statute or ordinance. United States R.R.
<br />~t Bd. v. Fritz, 449 U.S. 166, 179,
<br />101 S.Ct. 453, 461, 66 L.Ed.2d 368 (1980).
<br />Even when those reasons are articulated, a
<br />reviewing court must assume those reasons
<br />are the actual purposes of the legislation.
<br />Su Clever Leaf Creamery, 449 U.S. at 464,
<br />101 S.Ct. at 724. The rational basis test
<br />merely requires the challenged legislation to
<br />be supported by any set. of facts either
<br />known or which could reasonably be as-
<br />sumed. United States v. Carotene Prods.
<br />Co., 304 U.S. 144, 153-54, 58 S.Ct. 778, 784,
<br />82 L.Ed. 1234 (1938); United States v. Os-
<br />~rn. 955 F.2d 1500, 1505 (11th Cir.1992)
<br />("any rationale Congress 'could' have had for
<br />enacting the statute can validate the legisla-
<br />tion, regardless of whether Congress actua11y
<br />considered that rationale at the time the bill
<br />was passed"), em denied, 506 U.S. 878, 113
<br />S.Ct. 223, 121 L.Ed.2d 160 (1992).
<br />
<br />Arcadia finally asserts that the district
<br />court erred in rejecting the substantive due
<br />process analysis adopted by the Washington
<br />Supreme Court in Guimont, 854 P.2d at 14.
<br />[n Guimont, the court acknowledged that the
<br />state has a
<br />legitimate interest in addressing the state-
<br />wide problem of relocation expenses asso-
<br />ciateJ with mobile home park closings.
<br />Making funds available to mobile home
<br />owners who are forced to relocate substan-
<br />tially advances that interest.
<br />Id. The court nevertheless added. a third
<br />prong to the substantive due process analysis
<br />and concluded that the ordinance was uncon-
<br />stitutional because it was "unduly oppres-
<br />sive" on the landowner. Id. at 16.
<br />The United States and Minnesota Supreme.
<br />Court.<; do not currently require an examina-
<br />tion of whether economic legislation is "undu-
<br />ly oppressive." See Concrete Pipe, 508 U.S.
<br />at 640, 113 S.Ct. at 2289 (imposition of with-
<br />drawal liability rationally related to terms of
<br />employer's participation in plan it joined and
<br />"that suffices for substantive due process
<br />scrutiny of this economic legislation"); Sny-
<br />der v. City of Minneapolis, 441 N.W.2d 781,
<br />
<br />Minn. 289
<br />
<br />III.
<br />
<br />[15] Mildred Collins argues that she has
<br />pled sufficiently egregious facts to sustain
<br />her claim of intentional infliction of emotional
<br />distress. She claimed that the ordinance was
<br />enacted in direct response to her efforts to
<br />sell Collins Park. She insists that the City
<br />was protecting its own self-interests by re-
<br />quiring her to shoulder the full responsibility
<br />for displaced residents' relocation costs. She
<br />further insists ~at the ordinance was fully
<br />supported by the mayor of the City at the
<br />time, who was in a close mayoral race and
<br />who realized that if Collins Park closed there
<br />would be many dissatisfied potential voters.
<br />Mildred. Collins insists that the City and the
<br />mayor acted in a self-interested manner,
<br />solely at her expense.
<br />
<br />Intentional infliction of emotional distress
<br />is limited to cases involving "particularly
<br />egregious facts." Those facts must evidence
<br />conduct "so atrocious that it passes the
<br />boundaries of decency and is utterly intoler-
<br />able to the civilized community." Hubbard v.
<br />United Press Int7, 330 N.W.2d 428, 439
<br />(Minn.1983) (citation omitted). Even assum-
<br />ing the facts alleged by Mildred Collins are
<br />true, we cannot conclude that the conduct of
<br />the City rises to this extreme level Cf.
<br />Venes v. Professional Servo Bureau, Inc., 353
<br />N.W.2d 671 (Minn.App.1984) (jury could find
<br />outrageous or egregious conduct occurred
<br />when collection agency called consumer/debt-
<br />or, who was suffering from cancer, a "dead-
<br />beat" and warned him to "stay out of Minne-
<br />sota if you know what's good for you and
<br />your family").
<br />
<br />DECISION
<br />The district court's grant of summary
<br />judgment to the City on all of Arcadia and
<br />Mildred Collins's claims is affirmed.
<br />Affirmed.
<br />
<br />
|