Laney v. Fairview City

¶ 84 I concur with nearly all of section I of the lead opinion, the well-reasoned discretionary function analysis. I state no opinion, however, as to whether compliance with industry standards is necessary for an act or omission of a municipality to constitute a discretionary function, see supra ¶¶ 24-25, as I deem it unnecessary to the analysis.

¶ 85 I dissent, however, with section II of the lead opinion, the majority’s interpretation of the Open Courts Clause. In my view the current interpretation of the Open Courts Clause originating with Berry ex rel. Berry v. Beech Aircraft Corp., 717…