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BRYNER, Justice, concurring.
.1 am not convinced that the res judicata analysis in Part IV. A. of the court’s opinion is sound. But I am persuaded that given the procedural confusion stemming from the superior court’s refusal to consolidate Ren-wick’s declaratory judgment action with his administrative appeal, it would be fundamentally unfair to invoke res judicata as a bar to his declaratory judgment action, even if the doctrine might otherwise apply. Accordingly, I concur in the result reached in Part IV.A., and I join in the balance of the opinion.
BRYNER, J., concurs.
Document Info
Docket Number: S-8175, 5063
Judges: Matthews, Compton, Eastaugh, Fabe, Bryner
Filed Date: 1/15/1999
Precedential Status: Precedential
Modified Date: 11/13/2024