specially concurring.
¶35 I concur in the Court’s Opinion and Order. I write separately to clarify that I remain convinced the Court erred in MacPheat v. Mahoney, 2000 MT 62, [299 Mont. 46], 997 P.2d 753, for the reasons set forth in Justice Regnier’s dissent therein, which I joined. The Court having spoken and stated what the law is, however, I am bound by that law as are all other Montanans.