Basin Land Irrigation Co. v. Hat Butte Canal Co.

I concur in Part I of the majority opinion, regarding the jurisdictional issue. As to Part II, I concur with the majority’s decision not to disturb the commission’s conclusion regarding “dual employment.” As to the rest of Part II, however, I respectfully dissent.

Construing the record most favorably to the party which prevailed below, as we must, Hazen v. General Store, 111 Idaho 972, 729 P.2d 1035 (1986); Higginson v. Westergard, 100 Idaho 687, 604 P.2d 51 (1979), it reveals the following facts, in addition to those acknowledged by the majority.

Basin Land and Hat Butte are Idaho corporations…