Public Finance

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Briggs and Morgan was one of the first law firms in Minnesota to provide public finance services to municipalities, investment bankers, developers, bond trustees, nonprofit borrowers and others. Our public finance practice was established in the early 1940s as an outgrowth of our prior involvement in public finance litigation, including a landmark Minnesota Supreme Court decision authorizing municipalities to issue electric utility revenue bonds.

Serving clients in Minnesota, the Upper Midwest, and across the country, our public finance attorneys and paralegals work on all types of public finance matters, including general obligation bonds, revenue bonds, tax increment financings, 501(c)(3) bonds, charter school financings, exempt facility financings, rental housing bonds, public facilities and private activity revenue bonds. We render opinions in transactions totaling in excess of $1 billion annually.

Our activities at the national level keep us in touch with all developments in public finance, both in Washington and on Wall Street. Our clients rely on Briggs and Morgan to provide high-quality legal counsel for all types of public financing transactions as well as legal services in areas related to public finance such as federal and state taxation, securities, real estate, eminent domain, environmental law, construction law, municipal law, and financial services.

Working with our real estate and banking groups, we have prepared and negotiated hundreds of development agreements for our clients. Many of our clients are engaged in infrastructure improvement, privatization, economic development, housing development, and public project development.

Briggs and Morgan provides timely advice and guidance on changing federal and state law, assists bond trustees and municipalities in workout situations for troubled bond projects, and monitors legislative action in public finance on behalf of municipal and private clients.

Our attorneys are active in the National Association of Bond Lawyers, American College of Bond Counsel, Minnesota Institute of Public Finance, Association of Local Housing Finance Agencies, Council of Infrastructure Financing Authorities, Economic Development Association of Minnesota, League of Minnesota Cities, Minnesota Association of Small Cities, Minnesota Government Finance Officers Association, and Minnesota National Association of Housing and Redevelopment Officials. 

Our clients include nearly every kind of participant in public finance transactions. We represent small and large cities, state agencies, economic development agencies, port authorities, housing authorities, health care entities, joint powers boards, school districts, counties, banks and other financial institutions, and special-purpose districts as well as investment bankers and underwriters, insurance companies, corporate fiduciaries (trustees), nonprofit borrowers, developers, and contractors.

Representative Matters

  • Serve as designated bond counsel to hundreds of Minnesota cities, townships, counties, economic development authorities, and housing and redevelopment authorities.
  • Represented a city in the negotiation of a development agreement for a 300-acre mixed used development which included publicly subsidized infrastructure construction and obligated the developer to undertake extensive public park improvements.
  • Act as bond counsel to one of the largest Minnesota school districts.
  • Act as special tax credit counsel to local housing finance board in the allocation of low-income housing tax credits and bond financing.
  • Acted as bond and/or school counsel on more than $150 million of tax-exempt lease revenue bonds associated with financing facilities for charter schools.
  • Acted as bond counsel and underwriter’s counsel for revolving fund loan programs.
  • Acted as bond counsel for major Midwest health group in new funding for capital improvements, capital lease financing, and refinancings.
  • Acted as underwriter's counsel for capital technology financing for largest bone marrow registry in the world.
  • Represented community college foundation in tax-exempt financing for student housing.
  • Represented regional lender in loans made to parishes and religious schools.
  • Represented underwriters in tax-exempt financings of nonprofit hospitals in Georgia and North Dakota, as well as acted as bond counsel for nonprofit hospital financings in Minnesota.
  • Serve as lead outside counsel to a direct tax creditor investor for the last 20 years. Involved in all aspects of low-income housing tax credit ownership: syndication and acquisition financing management compliance and final sales of investments.