Bicknese v. Sutula

¶ 34. (dissenting). Two very subtle passages in the majority's opinion deserve attention. One has a substantial effect on the outcome of this case and the other affects the development of our law. Both could easily go unnoticed.

¶ 35. The first is a subtle shift in the analysis set forth in ¶ 25 of the opinioj). which erroneously transposes a promise of an offer of employment into an offer of employment. This seemingly slight shift is outcome determinative in this case.

¶ 36. The second is set forth in footnote 2, which at first blush is a rather innocuous statement indicating that "public…