Equal Water Rights Ass'n v. City of Coeur D'Alene

Times change, the Court membership changes, and the Court’s opinions change. The Court’s opinion in this case cannot with any grace stand beside the opinion authored by Justice McFadden and joined by Justices Knudson, Taylor, McQuade and Smith in Andrus v. Irick, 87 Idaho 471, 394 P.2d 304 (1964). True, 22 years have intervened, but in those 22 years of Idaho jurisprudence becoming more attuned to the then new “federal” rules of civil procedure, it has nevertheless become apparent that commencing around the beginning of the 1970’s the Court has all too often placed rule above justice.

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