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Question
A person affected by government action files suit and challenges the legal basis for that action. A public permit fee increased because officials expected hostile counterprotesters. One fact supports relief and another undercuts it, so the result turns on which fact the governing rule makes controlling.
The affected party challenges the government action, and the government defends the measure as a valid use of public authority.
How should the court resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule, apply it to the material facts, and explain the likely remedy or consequence.