McEwen v. MCR, LLC

JUSTICE NELSON,

specially concurring.

¶83 I concur in the Court’s decision as to Issues One and Three. I also concur in the result of the Court’s Opinion as to Issue Two (concerning restoration costs) and most of the Court’s analysis under that issue. I disagree, however, with the premise upon which the Court’s harmless-error analysis is based. Specifically, I do not agree that the District Court erred in ruling, as a matter of law, that restoration costs are the appropriate measure of damages. I explain my reasoning in Part I below. Additionally, given the Court’s clarifications to the…