specially concurring.
Although I concur in affirming the judgment of the district court, I believe that the *476basis of the district court’s decision is worthy of note. Accordingly, I have set forth what I believe to be the salient portions of the opinion by Judge Walters, upon which the district court relied in this case, in the related case of Crawford v. Dermitt, 104 Idaho 473, 660 P.2d 938 (1983) (Sup.Ct.).