dissenting.
I am of the opinion that the district court’s granting of summary judgment in favor of defendants was proper. Therefore, I dissent from the majority’s reversal of that summary judgment.
I need not express an opinion on whether the information sought comes within the language of I.C. § 59-1009: “The public records and all other matters in the office of any officer____” Rather, it is my opinion that even if the list of names does come within I.C. § 59-1009, appellant is not entitled to inspect the list because the information was obtained in confidence.
*13After citing both MacEwan v. Holm, 226 Or. 27, 359 P.2d 413 (1961), and Mathews v. Pyle, 75 Ariz. 76, 251 P.2d 893 (1952), in support of its proposition that the list of names herein “falls within the purview of I.C. § 59-1009,” the majority then disregards the portions of those cases which hold that confidentiality provides an exception to the rule of disclosure. The majority distinguishes these cases by referring to I.C. §§ 59-1009 and 9-301. What the majority fails to point out is that the Oregon statute in MacEwan is virtually identical to I.C. § 9-301,1 and the Arizona statute in Mathews is very similar to I.C. § 59-1009.2 Consequently, I believe the majority opinion is seriously flawed in its analysis by implying that the Idaho statutes are somehow different than those in MacEwan and Mathews.
There is no dispute that the list of names sought by appellant was obtained by defendants in the strictest confidence. As such, I feel, as did the courts in MacEwan and Mathews, that the information comes within an exception to the rule of disclosure. Therefore, I would affirm the district court’s granting of summary judgment to defendants.
SHEPARD, J., concurs.. The Oregon statute, ORS 192.010, as quoted in MacEwan, 226 Or. at 34, 359 P.2d at 416, reads: “Every citizen of this state has a right to inspect any public writing of this state, except as otherwise expressly provided by statute.” I.C. § 9-301 reads: "Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute.”
. The Arizona statute, ACA § 12-412, as quoted in Mathews, 75 Ariz. at 78,251 P.2d at 895, reads: “Public records and other matters in the office of any officer are at all times during office hours open to the inspection of any person.” (Emphasis in original.) I.C. § 59-1009 reads: “The public records and other matters in the office of any officer are, at all times during office hours, open to the inspection of any citizen of this state."