Chandler Supply Co., Inc. v. City of Boise

To countenance the construction of the discretionary function exception of I.C. § 6-904(1) adopted by the majority would be to emasculate the Idaho Tort Claims Act, Title 6, Ch. 9, I.C. To construe the discretionary function exception to apply to all planning and operational decisions in traditional governmental functions does not further the general purpose of the Act as expressed in I.C. § 6-903(a). I dissent.

Prior to the adoption of the Idaho Tort Claims Act, Title 6, Ch. 9, I.C., which was the legislative response to our decision in Smith v. State, 93 Idaho 795, 473 P.2d 937 (1970), the…