Beeman Bros. Drilling v. First Interstate Bank of Denver, N.A.

I respectfully dissent from Part I of the majority opinion because I believe that the trial court was correct in allowing Beeman to foreclose its lien on the First Interstate Property. However, I concur with parts II and III of the opinion.

The facts here reflect that Beeman was engaged by Timothy G. Smith to drill water wells on certain real property he owned which is now owned by First Interstate. The wells were to provide water for a real estate project, Far View Village, which at that time was in the planning stages. The drilling resulted in dry wells.

Seeking a water source for his…