Golay v. Loomis

WITH JUSTICE FOR NONE

I

The caption serves to express my dismay for a majority opinion which I did not ever expect to see emanate from this Court. In addition to being wholly unfair to Mr. Loomis, it also serves the unsalutary purpose of vitiating the admirable opinion of the Court of Appeals. That court was eminently correct in seeing that “the proper decision is so clear and compelling that any contrary determination would constitute, ipso facto, an abuse of discretion.” Citing In the Matter of the Estate of Kunzler, 109 Idaho 350, 355, 707 P.2d 461, 465 (Ct.App.1985). I wholly embrace the…