State ex rel. Rooney v. One 1974 Green Targa Porsche Automobile

The Court today engages in an impermissible rewriting of I.C. § 37-2744. I can agree with neither the reasoning nor most of the rationale of the majority. In addition, the result achieved in this case is manifestly unfair to the bank and therefore, I dissent.

I

The majority sets the stage to reach its desired result wherein it states that “[t]he central issue in this case is one of statutory construction.” Ante at 433, 732 P.2d at 671. The opinion conveniently omits the first question in any judicial analysis of a statute — is the statute ambiguous? The Court may engage in construction of the…