Rueth v. State

BISTLINE,

Justice, concurring specially.

Rueth J in a way was a codification of the Court’s previous opinions in inverse condemnation cases. Nothing said therein need be here repeated, but it should be referred to in order to understand my reasoning for an award of attorney’s fees.

It would be difficult for me to make that award on the basis of the Minich1 doctrine. I continue to believe that the Court in Minich erroneously and unconstitutionally applied I.C. § 12-121 and that the views expressed in the separate opinions of Bistline, J., and Donaldson, J., should have prevailed. Similarly, I…