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In City of Dover v. Imperial Casualty & Indemnity Company, 133 N.H. 109, 119-20 (1990), we held that a prior version of RSA 507-B:2, I — which provided complete immunity to municipalities from tort liability arising from ownership or maintenance of highways, streets, and sidewalks — was unconstitutional.

Co., 133 N.H. 109, 112 (1990), and was premised upon the notion that “ ‘[i]t is better that an individual should sustain an injury than that the public should suffer an inconvenience,’ ” Gossler v. Manchester, 107 N.H. 310, 312 (1966) (quoting Russell v. Men of Devon, 2 Term Rep.

In City of Dover v. Imperial Casualty & Indemnity Co., 133 N.H. 109,120 (1990), we held that the exception in RSA 507-B:2 for public sidewalks, streets, and highways violated Part I, Article 14 of the State Constitution.

Co., 133 N.H. 109, 126 (1990) (Souter, J., dissenting) (discussing over- and underinclusive nature of statute in applying intermediate scrutiny); Chen v. Ashcroft, 381 F.3d 221, 227 (3d Cir. 2004) (“Of course, this use of marital status as a proxy is undoubtedly both over- and under-inclusive to some extent, but neither over- nor under

Co., 133 N.H. 109, 126 (1990) (Souter, J., dissenting) (discussing over- and underinclusive nature of statute to determine whether it was *641 “fairly and substantially related” to objective under intermediate scrutiny).

In City of Dover v. Imperial Casualty & Indemnity Co., 133 N.H. 109, 575 A.2d 1280 (1990), we held that “municipal immunity, as a judicially created doctrine, no longer exists.” Id.

Co., 133 N.H. 109, 112-13, 575 A.2d 1280, 1282-83 (1990) (recounting history of municipal immunity in New Hampshire).

Is the special duty/special relationship test, as recognized by the New Hampshire Supreme Court in Hartman v. Hooksett, 125 N.H. 34 (1984) and Weldy v. Town of Kingston, 128 N.H. 325 (1986), affected by the erosion of sovereign immunity in Merrill v. Manchester, 114 N.H. 722 (1974) and City of Dover v. Imperial Casualty and Indemnity Company, 133 N.H. 109 (1990)?

In support thereof, the defendant relies on this court’s statement in Opinion of the Justices, 134 N.H. 266, 276, 592 A.2d 180, 186 (1991), that “City of Dover [v. Imperial Casualty and Indemnity Co., 133 N.H. 109, 575 A.2d 1280 (1990)] plainly limits a municipality’s liability [for negligence] to instances of actual, not constructive, knowledge.” As the following discussion explains, however, the trial court was correct in finding that City of Dover “did not adopt, as common law requirements, t

Co., 133 N.H. 109, 116, 575 A.2d 1280, 1284 (1990) (quotation omitted); see Henderson Clay Prod’s, Inc. v. Edgar Wood & Assoc’s, Inc., 122 N.H. 800, 801, 451 A.2d 174, 175 (1982); Carson v. Maurer, 120 N.H. 925, 932, 424 A.2d 825, 830-31 (1980).

Co., 133 *223 N.H. 109, 116, 575 A.2d 1280, 1284 (1990), and the right to use and enjoy private real property subject to zoning regulations, see Asselin v. Town of Conway, 135 N.H. 576, 577, 607 A.2d 132, 133 (1992).

Co., 133 N.H. 109, 115, 575 A.2d 1280, 1283 (1990) (“Municipalities continue to enjoy limited protection from tort actions when the injury is the result of the exercise of a legislative or judicial function, or a planning function involving a basic policy decision that is characterized by a high degree of official judgment or discreti

The city filed a motion to dismiss, arguing among other things that it was entitled to municipal immunity for its decision to locate public parking where it did, based on our holding in City of Dover v. Imperial Casualty & Indemnity Co., 133 N.H. 109, 575 A.2d 1280 (1990).

Co., 133 N.H. 109, 575 A.2d 1280 (1990); (2) the public duty rule was waived pursuant to RSA *304 412:3 by virtue of the city’s participation in the New Hampshire Municipal Association Property Liability Insurance Trust’s pooled risk management program; or (3) this case is an exception to the public duty rule in that the city voluntar

Co., 133 N.H. 109, 575 A.2d 1280 (1990), in which we declared RSA 507-B:2, I, unconstitutional.

Co., 133 N.H. 109, 116, 575 A.2d 1280, 1284 (1990); Stewart v. Farrel, 131 N.H. 458, 462, 554 A.2d 1286, 1288 (1989); Hodgdon v. Weeks Mem.

In City of Dover v. Imperial Casualty & Indemnity Company, 133 N.H. 109, 575 A.2d 1280 (1990), we held that RSA 507-B:2, I, which provides immunity to cities and towns from suit for personal injuries arising out of the ownership and maintenance of public streets and highways, violates guarantees of equal protection found in part I, articles 2 and 12 of the New Hampshire Constitution.