Powell v. O.R. "Bud" Daily

I agree with the general law set forth in the majority opinion, but I do not believe that we have sufficient facts before us upon which to apply such law. Accordingly, the opinion in this case is an advisory one and, thus, is improper. The matter should be remanded to the district court for the purpose of an evidentiary hearing to establish the facts, if such exist, upon which a determination of a constitutional question will be dispositive.

Rule 52(c), W.R.C.P., provides:

“In all cases in which a district court reserves an important and difficult constitutional question arising in an action *363or…