Manookian v. Blaine County

For the following reasons, I dissent to the majority opinion.

First, I cannot agree with the majority’s quick dismissal of appellants’ contention that the issue of “conflict of interest” could not be raised before the district court because the issue had not been raised below.

The majority attempts to make a distinction between an issue not “formally” raised and an issue that was never raised. I do not see the distinction. I find the majority’s reliance upon I.R.C.P. 15(b) to be unsupportive of their position. As quoted by the majority, I.R.C.P. 15(b) states, “When issues not raised ... are…