Section 9.4 Distinction Between Governmental and Proprietary Functions

• Library: Local Government Deskbook (2017 Ed.)

C. (§9.4) Distinction Between Governmental and Proprietary Functions

Governmental functions are performed by municipalities in their capacity as political subdivisions of the state. Proprietary functions are performed by municipalities in their corporate capacity. The generally accepted test in Missouri for determining whether an act performed by a municipality is governmental or proprietary is “whether the act performed is for the common good of all, or whether it is for the special benefit or profit of the corporate entity.” Dallas v. City of St. Louis, 338 S.W.2d 39, 44 (Mo. 1960). In analyzing whether a function is governmental or proprietary, courts look to the generic nature of the activity that caused the injury. State ex rel. Bd. of Trs. of City of North...