Bussell v. City of Portland

[¶ 1] The City of Portland appeals from an order entered in the Superior Court (Cumberland County, Cole, J.) denying its motion to dismiss plaintiffs’ claim against it for damages pursuant to the Maine Tort Claims Act, 14 M.R.S.A. §§ 8101-8118 (1980 & Supp.1998). The City contends that the court erred in ruling that the City’s operation of a sound system in the Portland Exposition building could constitute the “operation of a public building” within the exception set forth in 14 M.R.S.A. § 8104-A(2) (Supp.1998) to the general immunity provided governmental entities pursuant to 14 M.R.S.A. §…