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MC145 University Avenue West, St. Paul, MIN 55-103-2044 <br /> L-agua'ofMinnesotaCilia-' phone: (612) 281-1200 - (800) 925-1122 <br /> 0605 promoting exceAance Fax: (612) 281-1299 • TDD (612) 251-1290 <br /> Post-it'Fax Note 7671 08i' -k— pages'o Z <br /> September 4, 1997 To , Vq From ,s <br /> �.. CoJoept. co. — <br /> Mike Mornson Phone n Phon6# <br /> City Manager Fex a <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418-1699 <br /> Dear Mr. Mornson: <br /> I am writing to follow-up on our phone conversation yesterday. You stated that a group of <br /> residents has approached the city seeking reimbursement for damage to their real and <br /> personal property that occurred during a recent storm. You asked whether the city could <br /> legally make such expenditures. - — <br /> • It is my opinion that the city could not legally make such expenditures. I agree with the <br /> conclusion of your city attorney William R. Soth that there is no public purpose. <br /> Under the Minnesota Constitution', a valid municipal expenditure must be for a public <br /> purpose. While "public purpose" is not capable of precise definition, courts generally <br /> construe it to mean such an activity that will serve as a "benefit to the community as a body <br /> and which, at the same time, is directly related to the functions of government.s2 <br /> Whether a particular expenditure serves a public purpose must be determined on a case-by <br /> case basis. Generally, however, a public purpose is served if the expenditure: <br /> Benefits the community. as a whole; <br /> Is directly related to the functions.of government; and <br /> Does not primarily benefit a private interest.' <br /> ' See Minn. Const. art. X, § 1, art. XI, § 2, art. XII, § 1. <br /> z Visina v. Freeman, 252 Minn. 177, 184, 89 N.W.2d 635, 643 (1958). <br /> • 3 See A.G. Op. 1001-K (Dec. 31, 1970). <br /> AN EQUAL OppORTUhzTY/AFFMMA"rrvE ACTION EMPLOYER <br />