What is the test for municipal immunity under the Municipal Code of Civil Procedure?
MultiRegion, United States of America
The following excerpt is from Community Builders, Inc. v. City of Phoenix, 652 F.2d 823 (9th Cir. 1981):
Chief Justice Burger, concurring in the judgment, wrote separately and proposed an additional element to municipal immunity. The Chief Justice, quoting from Cantor v. Detroit Edison, supra, 428 U.S. at 597, 96 S.Ct. at 3121, would also require that the municipality prove that the implied exemption in a given case " 'was necessary in order to make the regulatory Act work, "and even then only to the minimum extent necessary." ' " 435 U.S. at 426, 98 S.Ct. at 1143.
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