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Brigham v. State9/12/2005
ly over actual cases or controversies. U.S. Const. art. III, § 2, cl. 1; Parker v. Town of Milton, 169 Vt. 74, 76-77, 726 A.2d 477, 480 (1999). Vermont has adopted the case-or-controversy requirement. Id. at 77, 726 A.2d at 480. The case-or-controversy requirement of Article III incorporates the doctrines of standing, mootness, ripeness, and political question, all of which help define and limit the role of the courts to ensure proper balance among the three branches of government. Hinesburg Sand & Gravel Co. v. State, 166 Vt. 337, 340, 693 A.2d 1045, 1047 (1997). In Hinesburg Sand, we noted that " ne of the 'passive virtues' of the standing doctrine [and case-or-controversy requirements] is to promote judicial restraint by limiting the occasions for judicial intervention into the political process." Id. at 340-41, 693 A.2d at 1047-48 (citing A. Bickel, The Least Dangerous Branch 111-98 (2d ed. Yale Univ. Press 1986) (1962)). Thus, for a court to maintain its proper role among the three branches of government, it must exercise judicial restraint by not asserting jurisdiction over claims that are moot or not yet ripe, or that pose a political question. See id. Additionally, if a plaintiff does not have standing, a court must exercise judicial restraint and dismiss the complaint for lack of subject-matter jurisdiction. See id. at 341, 693 A.2d at 1048. Prudential judicial restraint in and of itself, however, does not excuse the court from its duty to uphold the constitution.
10. Adjudicating cases involving alleged violations of plaintiffs' constitutional rights resulting from a legislative enactment does not undermine the legislative process, nor is it disrespectful of the other branches of government. Rather, the court abdicated its duty to uphold the Vermont Constitution by refusing to entertain plaintiffs' claims. See Vt. Const. ch. II, § 5 ("The Legislative, Executive, and Judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the others."). Act 60 is the Legislature's remedy for the constitutional defects we found in Brigham I. 166 Vt. at 268, 692 A.2d at 397. Whether or not the Legislature has structured the education-funding system so that Vermont students are provided with a substantially equal educational opportunity is a constitutional issue properly before the court. Moreover, the taxpayers' constitutional claim that they are disproportionately taxed under Act 60 is similarly deserving of the court's attention, because it is the province of the court to decide whether Vermont's laws comply with the State Constitution. The doctrine of judicial restraint does not allow the court to relinquish its duty to interpret the constitution when judicial intervention may potentially block legislative action. Therefore, the superior court improperly dismissed plaintiffs' claims under Rule 12(b)(6) on grounds of judicial restraint.
11. The purpose of a Rule 12(b)(6) motion is "to test the law of a claim, not the facts which support it." Powers v. Office of Child Support, 173 Vt. 390, 395, 795 A.2d 1259, 1263 (2002). In reviewing the lower court's dismissal under Rule 12(b)(6), we must assume that the factual allegations in the complaint are true. Ass'n of Haystack Property Owners, Inc. v. Sprague, 145 Vt. 443, 444, 494 A.2d 122, 123 (1985). To sustain dismissal, the court must have no doubt that the alleged facts, if proven, would not entitle the plaintiff to relief under any legal theory. Gilman v. Maine Mut. Fire Ins. Co., 2003 VT 55, 14, 830 A.2d 71.
12. The State advances several arguments, many of which go to the merits of plaintiffs' case, in favor of dismissing the complaint. At this early stage in the litigation,
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