Krohn v. Sweetheart Properties, Ltd.

McGREGOR, Vice Chief Justice.

¶ 39 I respectfully dissent. I am not certain whether the procedure the majority approves today represents wise public policy; it may well. I am certain that today’s opinion places this court in the position of adding to, not interpreting, a statutory procedure. That process should be left to the legislature.

¶ 40 The defects in the majority’s approach stem from its insistence upon treating the court’s authority over trustee’s sales, which are non-judicial foreclosures, in the same manner as we treat our authority over judicial foreclosures. Our authority to set…