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SEP-04-1997 13:55 LEAGUE OF MN CITIES P.01i02 LMC145 University Avenue West, St. Paul, i DT 55103-2044 Icagua of Minnesota Cities Phone: (612) 281.1200 • (800) 925.1122 Cities promoting esceneace Fax: (612) 281-1299 • TDD (612) 281.1290 prius •a�? 1 \ Post-it'Fax Note 7671 Gaye pages► Z September 4, 1997 70 Vk� cojoept Co. — Mike Morrison phone# Phone# City Manager F # Fax a t ZZ- City of St. Anthony 1 g�Z3 3301 Silver Lake Road St. Anthony, MN 55418-1699 Dear Mr. Mornson: I am writing to follow-up on our phone conversation yesterday. You stated that a group of residents has approached the-city seeking reimbursement for damage to their real and personal property that occurred during a recent storm. You asked whether the city could legally make such expenditures. • It is my opinion that the city could not legally make such expenditures. I agree with the conclusion of your city attorney William R. Soth that there is no public purpose. Under the Minnesota Constitution', a valid municipal expenditure must be for a public purpose. While "public purpose" is not capable of precise definition, courts generally construe it to mean such an activity that will serve as a "benefit to the community as a body and which, at the same time, is directly related to the functions of government."2 Whether a particular expenditure serves a public purpose must be determined on a case-by case basis. Generally, however, a public purpose is served if the expenditure: ► Benefits the community as a whole; ► Is directly related to the functions of government; and ► Does not primarily benefit a private interest.' ' See Minn. Const. art. X, § 1, art. XI, § 2, art. XII, § 1. z Visina v. Freeman, 252 Minn. 177, 184, 89 N.W.2d 635, 643 (1958). • 3 See A.G. Op. 1001-K (Dec. 31, 1970). AN EQUAL oppoRTmTY/AFFIRMATrVE ACTION EMPLOYER