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Cootey v.Sun Inv.,Inc.,68 Haw.480(1986) <br /> 718 R2d 1086 <br /> Government is not intended to be an insurer owner or developer to assess compliance with <br /> of all dangers of modern life, despite its ever- the law; they are not required to conduct their <br /> increasing effort to protect its citizens from peril. own engineering studies to ensure validity and <br /> correctness of developer's plan. <br /> 2 Cases that cite this headnote <br /> 1 Cases that cite this headnote <br /> [7] Municipal Corporations -:= Nature and <br /> grounds of liability [11] Water Law Persons liable <br /> In deciding whether government has duty of care County owed no duty to homeowners, whose <br /> to third party, court must determine how far house and lot was flooded, to ensure that <br /> it is desirable and socially expedient to permit development of adjoining subdivision,approved <br /> loss distributing function of tort law to apply to by the county, would not create any risk of <br /> governmental agencies, without thereby unduly flooding of their property. <br /> interfering with effective functioning of such <br /> agencies for their socially approved ends. 3 Cases that cite this headnote <br /> 1 Cases that cite this headnote <br /> [12] States Torts <br /> In determining whether there was a duty <br /> [8] Municipal Corporations =. Nature and owed by the government to the plaintiff who <br /> grounds of liability suffered injury, the task is to balance the <br /> Whether there is duty of care owed by policy considerations supporting recovery by the <br /> government tort-feasor to injured party should injured party against those favoring a limitation <br /> be determined by analysis of legislative intent of of the government's liability. <br /> applicable statute or ordinance. <br /> 4 Cases that cite this headnote <br /> 1 Cases that cite this headnote <br /> [13] States --- Torts <br /> [9] Zoning and Planning s-M Maps,plats,and Without a reasonable and proper limitation <br /> plans; subdivision regulations of the scope of duty of care owed by <br /> To protect health, welfare, and safety the government, the government would be <br /> of public at large, developers of private confronted with an unmanageable, unbearable, <br /> subdivisions are required to include certain and totally unpredictable liability. <br /> improvements and meet certain standards <br /> pertaining to subdivisions; permit process <br /> by which county approves or disapproves [14] States �-=-, Statutory provisions; waiver of <br /> development of proposed subdivision reflects immunity <br /> effort by government to require developer to The State Tort Liability Act did not create any <br /> meet his responsibilities under subdivision rules, cause of action where none existed before. The <br /> regulations,and laws,but primary responsibility effect of the Act is to waive immunity from <br /> of providing adequate and safe development traditionally recognized common law causes <br /> rests with developer and not county. of action in tort, other than those expressly <br /> 1 Cases that cite this headnote excluded. It was not intended to visit the <br /> sovereign with novel liabilities. <br /> [10] Zoning and Planning ;1 Grounds for Grant 1 Cases that cite this headnote <br /> or Denial; Conformity to Regulations <br /> Task of governmental employees is to review <br /> subdivision development plans submitted by <br /> WESTLAW <br />