City of Dover v. Imperial Casualty & Indemnity Co.

I respectfully dissent from the court’s conclusion that RSA 507-B:2,1, violates articles 2,12 and 14 of part I of the Constitution of New Hampshire insofar as it would provide municipal immunity for liability arising out of ownership, occupation, and maintenance of “public sidewalks, streets [and] highways. . . .” In explaining why, I will confine my thoughts to what I see as a mis*121application of the accepted middle-tier equal protection standard and say nothing more about article 14, given this court’s view that the article mirrors the equal protection standard for scrutinizing limitations on…