Borden v. City of Salem

*44O’CONNELL, J.,

specially concurring.

We have previously held that “Our Constitution is framed on the premise that the state is immune from suit and that if immunity is lifted it shall be done so by the action of the legislature.”① As the majority opinion correctly points out, we have also held that “even when acting in a governmental capacity cities are not immune from liability for harm caused by the maintenance of either a public or private nuisance.” The majority characterizes the conduct of keeping a dog with knowledge of its dangerous propensities as a nuisance. The majority assumes that…