Legal Opinion

Weinheimer Ranch, Inc. v. Pospisil

Montana Supreme Court

Decided April 9, 2013No. DA 12-0264PublishedCited by 12 opinions

1Opinion of the CourtJustice Morris

¶1 Weinheimer Ranch, Inc. (the Ranch) appeals from an order of the Montana Water Court (Water Court) that the Ranch had failed to support with sufficient evidence its motion to amend its previously filed claim’s historical right and priority date. We affirm.

¶2 We address the following issues on appeal:

¶3 Whether the facts in the record required an inference that the Ranch’s predecessor in interest mistakenly had listed Section 9 instead of Section 4 on his 1896 Notice of Appropriation?

¶4 Whether the Water Court properly determined that the Ranch had failed to present substantial evidence in…

2Cases cited6 opinions

  1. Interstate Production Credit Ass'n v. DesayeMontana Supreme Court · 1991
  2. Smith v. DenniffMontana Supreme Court · 1900
  3. Geil v. Missoula Irrigation DistrictMontana Supreme Court · 2002
  4. Fegles Const. Co., Limited v. McLaughlin Const. CoCourt of Appeals for the Ninth Circuit · 1953
  5. In Re the Adjudication of the Existing Rights of Yellowstone RiverMontana Supreme Court · 1992

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Skelton Ranch, Inc. v. Pondera County Canal & Reservoir Co.Montana Supreme Court · 2014
  2. Heavirland v. StateMontana Supreme Court · 2013
  3. Marks v. 71 Ranch, LPMontana Supreme Court · 2014
  4. Nelson v. BrooksMontana Supreme Court · 2014
  5. Parenting of G.J.A. Minor ChildMontana Supreme Court · 2014

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API