norfolk city council has summoned acme development co. before it to answer questions about materials it proposes to use on its downtown apartment project. Acme wants to use vinyl siding on the exterior wall and asphalt shingles on the roof, but the city, for aesthetic reasons, noting the apartments location in the brick and stone sections of downtown norfolk, insists acme use more expensive finishing materials. The walls need to be brick and the roof to be slate of ceramic tile. Acme says its proposed materials look good enough and the citys demands are unreasonable and will reduce much of the profit acme would make from the project. Acme also points to instances in the distant past where the city allowed use of cheap building materials in some downtown projects. Neither side gives in and norfolk sues to stop the project while Acme countersues for a declaratory judgement that norfolk's actions are unconstitutional.

Based on the information in the scenario, what test most likely will be used by the court in assessing the constitutionality of norfolk's actions?

a. Strict scrutiny

b. Rational Basis

c. Intermediate Scrutiny

d. All of the above