Noll v. City of Bozeman

MR. JUSTICE FRANK I. HASWELL

delivered the Opinion of the Court.

In 1972, the Constitutional Convention and the people of the State of Montana abolished the concept of sovereign immunity by constitutional declaration. Article II, Section 18 of the 1972 Montana Constitution provides:

“The state, counties, cities, towns, and all other governmental entities shall have no immunity from suit for injury to a person or property. This provision shall apply only to causes of action arising after July 1, 1973.”

In 1973, the Legislature enacted the Montana Comprehensive State Insurance Plan and Tort Claims…