Legal Opinion

Welu v. Twin Hearts Smiling Horses, Inc.

Montana Supreme Court

Decided December 27, 2016No. DA 16-0139PublishedCited by 11 opinions

1Opinion of the CourtJustice Cotter

¶1 This case stems from a disagreement over the ownership and operation of an irrigation system on a ranch near Broadus, Montana. Tim Welu appeals from the Findings of Fact and Conclusions of Law entered after a bench trial in the Sixteenth Judicial District Court, Powder River County. We affirm.

ISSUES

¶2 On appeal, Welu raises three issues, which we restate as follows:

1. Did the District Court err in determining that the entire pivot irrigation system constituted a fixture?

2. Did the District Court err in concluding that Held did not breach the parties’ agreement concerning the pivot…

2Cases cited19 opinions

  1. Carbon County v. Union Reserve Coal Co., Inc.Montana Supreme Court · 1995
  2. Northern Cheyenne Tribe v. Roman Catholic ChurchMontana Supreme Court · 2013
  3. Brown v. ThorntonMontana Supreme Court · 1967
  4. Albinger v. HarrisMontana Supreme Court · 2002
  5. BNSF Railway Co. v. CringleMontana Supreme Court · 2012

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

3Cited by11 opinions

  1. Associated Mgmt. Servs., Inc. v. RuffMontana Supreme Court · 2018
  2. Blaine and Hill Co. v. StrickerMontana Supreme Court · 2017
  3. State v. R. TalksaboutMontana Supreme Court · 2017
  4. Debuff v. DNRCMontana Supreme Court · 2021
  5. Platt v. HeldMontana Supreme Court · 2018

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

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