Dissenting on Denial of Petition for Rehearing.
Without reiterating the reasons set forth in my dissenting opinion to the opinion in Roberts v. Bonneville County, 125 Idaho 588, 873 P.2d 842 (1994), it is necessary to express my continuing disagreement with the Court. It is clear to me that there is substantial reason to question the ex parte communications that occurred diming the proceedings below and that this Court should therefore remand the cause for a new trial.