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OLSON v. BISMARCK PARKS & RECREATION DIST.

No. 20010249.

642 N.W.2d 864 (2002)

2002 ND 61

Kathleen A. OLSON and Amy Howard, Plaintiffs and Appellants, v. BISMARCK PARKS AND RECREATION DISTRICT, Defendant and Appellee.

Supreme Court of North Dakota.

April 16, 2002.

Attorney(s) appearing for the Case

Orell D. Schmitz, Schmitz, Moench & Schmidt, Bismarck, for plaintiffs and appellants.

Ronald F. Fischer, Pearson Christensen, Grand Forks, for defendant and appellee.

Douglas A. Bahr (on brief), Solicitor General and Reid Alan Brady (on brief), Assistant Attorney General, Attorney General's Office, Bismarck, for amicus curiae.

KAPSNER, Justice.

[¶ 1] Kathleen A. Olson and Amy Howard appealed from a summary judgment dismissing their negligence action against the Bismarck Parks and Recreation District ("District") because the District was immune from suit. We conclude, under the circumstances of this case, the limited liability afforded the District for recreational use of property under N.D.C.C. ch. 53-08 does not violate the equal protection provisions of N.D. Const. art. 1, §...

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