Alumet v. Bear Lake Grazing Co.

BISTLINE, Justice,

concurring in the result reached in the opinion authored by BOYLE, Justice, and specifically concurs in Parts III, IV, and V.

I

The doctrine of law of the case has long been a rule in Idaho. Suitts v. First Security Bank of Idaho, 110 Idaho 15, 713 P.2d 1374 (1985), citing inter alia, Richard v. Jarvis, 44 Idaho 403, 258 P. 370 (1927), and Creem v. Northwestern Mutual Fire Association, 58 Idaho 349, 74 P.2d 702 (1938). In the Suitts 1985 opinion this Court stated unequivocally that this Court’s opinion in the prior 1979 case between the same plaintiff and the same defendant…