Bismarck Pub. Sch. Dist. No. 1 v. State of North Dakota, 511 N.W.2d 247 (N.D. 1994).

Plaintiffs, taxpayers, claimed that the state’s system of school finance violated their equal protection rights under the state constitution.  A majority of the state supreme court ruled that the system did not bear a sufficiently close correspondence to the asserted goals of providing equal educational opportunity and supporting education with state funds based on per-pupil cost to withstand intermediate scrutiny, but the court refused to invalidate the system in light of the constitutional requirement of the vote of for four out of seven justices to invalidate a state statute.