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GREEN-GLO TURF FARMS v. STATE

Nos. C7-82-520, C9-82-390.

347 N.W.2d 491 (1984)

GREEN-GLO TURF FARMS, INC., et al., Appellants, v. STATE of Minnesota, Respondent. Douglas P. LAWRENCE, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

April 27, 1984.

Attorney(s) appearing for the Case

Virgil C. Herrick, Fridley, for appellant Douglas P. Lawrence.

Philip B. Moosbrugger, St. Paul, for appellants Green-Glo Turf Farms, Inc., et al.

Hubert H. Humphrey, III, Atty. Gen., Michael B. Miller, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

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...

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