The district court dismissed the appeal from the redetermination of benefits as untimely, but denied the county's claim of immunity from allegations of negligent supervision and improper assessments. Meeker County appeals the denial of summary judgment on these two claims. An order denying summary judgment on the basis of immunity from lawsuits is appealable. When the facts underlying the discretionary immunity claims are undisputed, whether the immunity applies is a question of law. Waste Recovery Coop.
Counties are liable for their torts and the torts of their officers.
The critical inquiry in determining whether discretionary immunity applies is whether the conduct involved the government's balancing of policy objectives involving social, political, or economic considerations. Waste Recovery Coop. Implementation of an established policy, which may involve exercise of professional judgment, is not protected. The county bears the burden of proving that it is entitled to immunity. Waste Recovery Coop.