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Home / Courts / Tort/Negligence – Sovereign Immunity – Municipal Park – Revenue – Insurance (access required)

Tort/Negligence – Sovereign Immunity – Municipal Park – Revenue – Insurance (access required)

Horne v. Town of Blowing Rock Although our statutes and case law generally favor the application of governmental immunity in the operation and maintenance of public parks – particularly when the municipality derives no income from operating and maintaining the park – there remain issues of fact as to what revenue, if any, the defendant-town derives from its operation of the park in which the minor plaintiff was injured. Therefore, the town was not entitled to summary judgment on the issue of governmental immunity.

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