Green-Glo Turf Farms, Inc. v. State

WAHL, Justice.

The Anoka County District Court entered a summary judgment for respondents in these cases, relying on statutory exceptions to the state’s tort liability under the Tort Claims Act, Minn.Stat. § 3.736 (1982). One exception provides immunity from suit for “[a]ny loss caused by the performance or failure to perform a discretionary duty, whether or not the discretion is abused.” Minn.Stat. § 3.736, subd. 3(b). The second exception immunizes the state from “[a]ny loss arising out of the construction, operation, or maintenance of the outdoor recreation system, as defined in section…