Hillerby v. Town of Colchester

*272Allen, CJ.

The following question has been certified for review by this Court pursuant to V.R.A.E 5(b): “Whether the traditional governmental/proprietary distinctions in municipal tort immunity law should be replaced with the so-called private-analog test as now employed in state tort claims under 12 V.S.A. § 5601?” Because of the Legislature’s approval of the governmental/proprietary distinction and the complex policy issues involved, we hold that the abrogation and replacement of the distinction are matters for the Legislature, not the courts.

Plaintiff was riding his bicycle across a grassy…