Mickelsen v. City of Rexburg

The majority purports to be “relypng] on three well settled propositions of law” to reverse this case. However, the majority ignores the first and foremost maxim of statutory construction. “[I]t is the duty of the courts, in the construction of statutes, to harmonize and reconcile laws, and to adopt that construction of the statutory provision which harmonizes and reconciles it with other statutory provisions.” Sampson v. Layton, 86 Idaho 453, 457, 387 P.2d 883, 885 (1963). Stated another way: “As a fundamental rule of statutory construction, ‘Statutes in pari materia [pertaining to the same…