specially concurring.
Although in our previous cases we have attempted to distinguish the “governmental” and “proprietary” functions of the state and its agencies for the purpose of deciding whether there was liability or immunity from suit, I find it impossible to make a meaningful distinction between these two categories and therefore I cannot concur in the principal opinion which purports to perpetuate it. I know of no other basis upon which to distinguish between the activities of government which would explain why liability should be imposed upon the governmental unit in some cases but not in others. Since our constitution predicates sovereign immunity unless the Legislative Assembly lifts it, I am forced to conclude that in the absence of statute, as here, the state and its agencies are immune from suit irrespective of the kind of activity which gives rise to the injury.
Denecke, J., joins in this opinion.