concurring specially.
I am in accord with the decision of the majority to affirm the order of the trial court reversing the award of consequential damages by the arbitrator. I agree the arbitrator exceeded his powers in this situation. My concern is about the portion of the opinion of the majority that addresses consequential damages in tort. I do not find that the issue of consequential damages in tort is properly before this court, and our response to the arguments of the parties on the issue is clearly an advisory *1198opinion. I cannot join in that portion of the majority opinion.
In introducing the topic the majority states:
Because suggested as an issue on appeal, we find it appropriate to discuss whether JBC can recover in tort for consequential damages resulting from the City and Board's failure to pay. The issue may surface as the trial court considers the remaining claims on remand, particularly JBC’s tort claims, which were not subject to arbitration under the Submission Agreement.
Majority opinion at 1197.
The order that is before the court in this case dealt only with rulings of the arbitrator and, by definition of the majority, these tort claims were not subject to arbitration. This portion of the majority opinion deals gratuitously with a question that is not presented to the court.
To answer questions which were not brought before this Court would be to issue an advisory opinion. In State Board of Equalization v. Jackson Hole Ski Corporation, Wyo., 745 P.2d 58, 59 (1987), we said:
“Although the question as postulated in this case may be properly before us in the future, to render an opinion here would be to issue an advisory opinion. This court has said repeatedly that it will not issue advisory opinions, and we decline to do so now. Graham v. Wyoming Peace Officer Standards and Training Commission, Wyo., 737 P.2d 1060 (1987).”
Brad Ragan Tire Co. v. Gearhart Industries, 744 P.2d 1125, 1126 (Wyo.1987).
Our rule is that this court does not offer advisory opinions. Briggs v. Wyoming Nat’l Bank, 836 P.2d 263 (Wyo.1992); Phillips v. Duro-Last Roofing, Inc., 806 P.2d 834 (Wyo.1991); Coulthard v. Cossairt, 803 P.2d 86 (Wyo.1990); Wyoming Health Services, Inc. v. Deatherage, 773 P.2d 156 (Wyo.1989); State Board of Equalization v. Jackson Hole Ski Corporation, 745 P.2d 58 (Wyo.1987); Brad Ragan Tire Company; Graham v. Wyoming Peace Officer Standards and Training Commission, Wyo., 737 P.2d 1060 (1987); Koontz v. Town of South Superior, 716 P.2d 358 (Wyo.1986); Knudson v. Hilzer, 551 P.2d 680 (Wyo.1976); Cranston v. Thomson, 530 P.2d 726 (Wyo.1975); West v. Willey, 453 P.2d 883 (Wyo.1969). Cf. Reno Livestock Corp. v. Sun Oil Co. (Delaware), 638 P.2d 147 (Wyo.1981); Tobin v. Pursel, 539 P.2d 361 (Wyo.1975); Wallace v. Casper Adjustment Service, 500 P.2d 72 (Wyo.1972). As this court said, in its most recent discussion of this subject:
It is neither necessary nor proper for this Court to decide in this case whether or not we will enforce a “no contest” clause if a challenged provision in a trust agreement is in violation of the law. Although this question may properly be before us in the future, an opinion rendered in this instance would clearly be advisory. This Court has repeatedly said that it will not issue advisory opinions, and we decline to do so now. Brad Ragan Tire Company v. Gearhart Industries, 744 P.2d 1125, 1126 (Wyo.1987); State Board of Equalization v. Jackson Hole Ski Corporation, 745 P.2d 58, 59 (Wyo.1987).
Briggs, 836 P.2d at 266.
Since this aspect of the court’s opinion is a classic example of an advisory opinion, it should not have been uttered, and I feel compelled to disassociate myself from it. Other than this one feature, I concur in the majority opinion.