Local Government Law

Question 1

inverse condemnation

Answer 1

the municipality’s actions rendered the plaintiff’s property unusable, amounting to an unlawful taking

• available even when sovereign immunity applies (i.e. may sue county when a tort involves damage to or taking of property)

Question 2

governmental functions - sovereign immunity

Answer 2

• police and fire protection
• operation of hospitals and public education facilities
• garbage removal

simultaneous governmental/proprietary functions, considered governmental:
- snow removal
- removal of trees felled by hurricane
- repair of malfunctioning traffic light

Question 3

proprietary functions - no sovereign immunity

Answer 3

• routine maintenance of streets
• provision of utilities
• maintenance of recreational facilities (gross negligence only)
• operation of housing authorities