In determining whether a conflict or preferential treatment might
exist, another aspect of benefits, in addition to how definite or
are, is their proportionality. Stated in the form of a question, Is the benefit at issue
just one of many equivalent benefits to a sizeable group, such as
senior citizens or property owners, or is it especially large?
The council member took the position that he and his family firm
benefited no more than others who owned or had development rights in
properties along the proposed streetcar route. In his
to the editor
, he quotes an unrelated state EC advisory
opinion that states that there is no conflict if a benefit is not
"selective, differential, or in disproportion to the benefit provided
to other property in the political subdivision, or the portion thereof
receiving the improvements." He insists that his family firm is not
being treated or benefited any differently than others. There is no
preferential treatment, he concludes.