Clow v. BOARD OF CTY. COM'RS OF PAYETTE COUNTY

BISTLINE, Justice,

dissenting from opinion of October 5, 1983, and dissenting from denial of petition for rehearing.

The petition for rehearing should be granted. As forecast in my opinion of October 5,1983, and as made abundantly clear by the petition for rehearing, the majority opinion of October 5 did duck the issues decided by the trial court and raised on the appeal.

Compounding such error in appellate jurisprudence, the majority now avoids the issue squarely presented on the petition for rehearing. The parties did stipulate to the procedure, which was followed. The majority’s view is that…