Stidham v. City of Whitefish

HON. RUSSELL K. FILLNER, District Judge,

sitting for MR. JUSTICE HARRISON, dissenting:

I dissent. “The world will little note nor long remember” 1 what I write here. Nevertheless, I will set forth briefly my reasons for not being able to concur with the majority opinion, as follows:

The majority holds that the trial Judge committed plain error (clearly erroneous) because he failed to find that Whitefish Lake receded! The majority “is asking for clairvoyance not even possessed by a trial judge.” (Justice John Harrison’s opinion in Naegeli v. Daniels, 145 Mont. 323, 400 P.2d 896, at 898.) Was…