Walker v. Shoshone County

BISTLINE, Justice,

specially concurring in the Court’s judgment which reverses the trial court.

I

That Sterling continues to trouble Bakes, J., and Shepard, C.J., is understandable on the basis of their views previously expressed in this area of the law. Hence, it is equally understandable that they are willing to join a Donaldson, J., opinion which contains the language which troubles Huntley, J., as noted in his special concurrence. As with him, I am troubled also, but see rather clearly that there should be no such language. It is clearly the gratuitous dicta which Huntley, J., declares it to…