Town of Beloit v. County of Rock

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 50. (dissenting). I would affirm the order of the circuit court granting summary judgment to the inter-venors on the ground that the town's proposed expenditure for the development of the subdivision did not serve a public purpose.1

¶ 51. An expenditure is for a public purpose if it provides a direct advantage or benefit to the public at large. It is not for a public purpose if the advantage to the public is indirect, remote, or uncertain.2

¶ 52. The constitutional public purpose test is satisfied when the purposes expressed by the legislative body or…