Legal Opinion
Nelson v. Brooks
Montana Supreme Court
Decided May 7, 2014No. DA 13-0570PublishedCited by 13 opinions
1Opinion of the CourtJustice Cotter
¶1 Ernest Nelson (Nelson) appeals from an order of the Montana Water Court filed July 31,2013, dismissing his objections to the water rights claim by Randall and Ila Mae Brooks (the Brooks). The Brooks’ claim was contained in the Water Court’s Temporary Preliminary Decree for the Big Hole River Basin (41D) issued on April 6,2007. We affirm.
ISSUES
¶2 A restatement of the issues on appeal is:
¶3 1. Did Nelson have a previously adjudicated right to the Disputed Well?
¶4 2. Did the motion to amend the Statement of Claim by the Brooks’ repudiate the originally filed claim?
¶5 3. Did the Water Court…
2Cases cited6 opinions
- Renner v. NemitzMontana Supreme Court · 2001
- Montana Trout Unlimited v. Beaverhead Water Co.Montana Supreme Court · 2011
- Heavirland v. StateMontana Supreme Court · 2013
- Woodward v. PerkinsMontana Supreme Court · 1944
- Weinheimer Ranch, Inc. v. PospisilMontana Supreme Court · 2013
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Marks v. 71 Ranch, LPMontana Supreme Court · 2014
- Teton Co-Op Canal Co. v. Teton Co-Op Reservoir Co.Montana Supreme Court · 2015
- Curry v. Pondera County Canal & Reservoir Co.Montana Supreme Court · 2016
- Eldorado Coop Canal Co. v. Lower Teton Joint ObjectorsMontana Supreme Court · 2016
- In Re Teton Coop. Reservoir Co.Montana Supreme Court · 2018
8 more not listed; retrieve them via the Exa API.