Cracraft v. City of St. Louis Park

I agree with the dissent of Mr. Justice Kelly. In addition, I believe that today’s holding is inconsistent with the decision reached in the recent case of Kossak v. Stalling, 277 N.W.2d 30 (Minn.1979). In Kossak, we declared unconstitutional the commencement of suit requirement contained in Minn.St. 466.05 and in so doing took a significant stride forward in striking down such artificial barriers which serve no purpose other than to foster the abolished doctrine of sovereign immunity. In sharp contrast, the majority holding in this case constitutes a step backward in that it perpetuates…