Staker v. Ainsworth

I dissent based upon the principles of stare decisis and judicial self-restraint, precepts having significant application to the development of law by the courts.1 Appellants have not requested or sought on appeal consideration of our established boundary by acquiescence doctrine or the overruling of Halladay v. Cluff2 and its progeny. Indeed, except for appellees Holmes and Jensen, none of the parties seek the extraordinary involvement in which a majority of the Court endeavors to participate. Further, the issue of the continuing validity and force of the “objective uncertainty” element…