university as with other people in the community they may have and the people in the other community billing themselves may not have been a title that that's where the rubber meets the road in this case is is it within agreement passed ahead of the ability to exercise the fundamental power of the fundamental actually in this case a measure schwartz is not in the education business and the it's fire and police and water and sewer and all those other things that we know that cities do for their populations so i again judge i think it comes back to the educational mandate and even the public service activity meets the public service definition if it doesn't you can't do it even in this case you didn't have to did not go through that process even  paying members simply does not like the services provided by the college which students employers the simple fact is indisputable financial need of the colleges like was not a consideration in under the standard review genuine issue sure the fact exists in this case every day that goes on judge my client loses money by virtue of continuing action of the district the takes money out of its pocket and subsidizes the activities of the title w anonymous use of public service of public purposes misplaced germination public service resting on the regulations imposed in those days of this district are fundamental well public the one year statute of limitations does apply because even if this is a continuing situation if the ill effects continue but the statute runs from the date that the lease was agreed upon did he ask for  by saying though i think that there's a real question about the breadth of the complaint here mr coaching seems to take issue with any use of facilities or any kind of call grahams offered by the district legislature presumably the mr coaching stary community college buildings would send empty and not be used by anyone unless they were specifically in use by the students and that any of the programs the community college i that a question was asked earlier about the on the authority of universities versus community colleges and certainly their authority under state law is very similar and i saw the same article about why and i'm not it's not limited by statute or constitution and basically the district can do that help mr kelty side still in school saying that it somehow limits the district's authority here on the contrary i think dylan's rule is really irrelevant here because the a while it's on the specifics face of the statute and it's the sickly says the college can do what it is doing but he if it didn't there is a there are extra provisions in the said earlier i mean the use of the facility if the district doesn't have to get permission or i mean certainly there's no dispute that the use should be incidental to the educational purpose even though it's not  fight at theatre production again it's wrong is that a private use and benefit doesn't over a bite the public benefit then there's nothing inappropriate about that in fact it's in vision because that is jazz another benefit to the community of bars and certainly community colleges i just find to benefit not only the students but also the general public as well as the community in the area and even outside the area because it allows for out of in our view then there is no violation of the act and the complaint falls short because you only take well founded complaints as true and here they not specifically dispute incidental to the programs to teach individuals about the size and social services how would they whine if people didn't come there for them to practice something i'm wise the programs are educational in nature and i think it's very difficult to dispute that teaching a child to swim is not educational or teaching an adult to dance is not educational but having a trail blazer bud is not somehow providing a public service so the fact that that's actually a very good question i think to the extent to that the students were making the food and they were only having people come in to eat on  here that either way i think once i think there is a point time when it looks right if the private uses point to override the public service the public benefit the the provision of educational services to the students i think that there you have to up perhaps draw the line on i do there were questions earlier though about the authority and i think  firefighters electricians which it probably does and they could also contract we have other municipalities to provide the same services for them that wouldn't be prohibited and i believe that there are provisions in the community college that for them to have security and there may be new provisions that allow that security to be ont so they then could also i believe provide educational training services for security so again i think the tax payers as well as competitors well being a competitor doesn't provide you any kind of legal right to protection i mean there's no context absolute or anything that gets a competitor to the college any kind of legally protect state impact your tax burden you can't take issue with the use of a building and particularly when in his argument it's bringing money into the college so he can't make an argument that his ta status is somehow going to be adversely affected by here and there are a number of cases that say that and even assuming he could make a taxpayer case then the damage a step from their standing have to be and a new ad i mean there could have been a new statute here had there been an allegation in the complaint that there was a new lease for a defined term denying protection of the watch to by charging students twits and offering other facilities or services to the general public on another basis and i would note that at one point in the complaint he says that the services are being offered for free and another place he says that they're being offered for a high price as below memphis prices so i'm not sure exactly which allegation to respond to but basically i'll just say on it he claims that they're being offered to he has standing here in that he calls and one of the classes of individuals to bring this type of case into such that counts just announced the antitrust claims i mean there are a number of reasons of price value is an allegation