Location Dalbo, MN Nov 13, 2006 #1 Okay, I was wondering if anyone can tell me if they know a guy named Steve.apparently he owns 7,000 acres 16 miles southwest of Broadus, Montana, and runs a couple hundred head of black-white-faced cattle, has a few cutting horses, etc.Used to be an actor, was on a couple baywatch episodes. The District Court noted that while the plaintiffs were precluded from suing under the lease because the Statute of Frauds rendered the lease an unenforceable oral agreement, they were entitled to recover based on the theory of unjust enrichment. You will make sure we have green fields to hunt on. Further, [t]he whole of a contract is to be taken together so as to give effect to every part if reasonably practicable, each clause helping to interpret the other. Section 28-3-302, MCA. Learn more about FindLaws newsletters, including our terms of use and privacy policy. * Historical, vital, and court records and search results may require an additional purchase. Further, during Held's operation of the system, a motor was burned out and a supply pipe burst. Robertus is factually distinguishable from the instant case. There are at least 46 records for Stephen A Held in our database alone. Essentially, Welu asks this Court to hold that, even when there is a contract between the parties specifically relating to the property at issue in a proceeding, unjust enrichment should be an available remedy if the contract does not specifically mention who has permanent ownership of the property at issue. Schwend, 15. A farmer or rancher uses the pipe by moving the needed lengths to the field on a special trailer and laying them out end-to-end in the proper location. Welu appropriately directs this Court to Schwend, where we held that portions of an irrigation system may be personal property, while other portions may be fixtures. Further, the District Court determined that Welu was not liable to Held and THSH under any of their alleged counterclaims and, similarly, that Held and THSH were not otherwise liable to Welu under any of his alleged claims. If the benefit received exceeds that loss, the rule stated in this Section generally gives the party in breach the right to recover the excess in restitution. This address is also associated with the name of. Further, we described the specific irrigation pipe at issue in Schwend as follows: Plastic pipe with gates, or windows on one side that can be opened to regulate water flow onto a field. 37 The Dissent relies on Robertus v. Candee, 205 Mont. Phone Numbers. State Farm Loan Bd. About This Listing. This division was accomplished in 2009 when an agreement was entered into between the Helds, the Platts, and Tim Welu. Top Result for Stephen Heldin MT 1 The best result we found for your search is Stephen Held age 60s in Broadus, MT. Robertus, 205 Mont. at 406, 670 P.2d at 541. Regardless, focusing as the Court does on a contractual analysis and what party breached the contract, while leaving unexamined the Restatement on Restitution and Unjust Enrichment, misses the larger and much more important pointthe unjust enrichment here arose not from the contract between the parties, but by operation of statute. Watch this gear and we'll notify you if it becomes available again. At best, this is a poorly articulated rule we incorporated from a New York Federal District Court ruling that does not comport with the rule in other jurisdictions or with the Restatement of Restitution: that restitution from unjust enrichment requires there must not be an adequate remedy at law available to the complainant. People with the same last name and sometimes even full name can become a real headache to search for example, Gregory Wilsonis found in our records 2,086 times. Dissent, 56-57. Broadus, MT Broadus Motels. In Robertus, the plaintiffs had leased two tracts of land from the defendant. However, as a matter of equity and justice, Welu's shortcomings in business prudence and legal matters should not serve to enrich Held to the tune of one million dollars when he was, as the trial court determined, merely an incidental beneficiary of Welu's purchase. [3] The population was 456 at the 2020 census . JTL Group, Inc. v. New Outlook, LLP, 2010 MT 1, 30, 355 Mont. Did the District Court err in determining that the entire pivot irrigation system constituted a fixture? 27 people named Steve Held found in Los Angeles-Riverside-Orange County, Redding and 4 other cities. Fallon County Times (Baker, Mont.) (He grew up there, then went to. (optional). Steven Broadus passed away on August 26, 2019 in Manassas, Virginia. Sometimes names in public records are misspelled due to silly typos and OCR errors. All mentioned corporate names and trademarks are the property of their respective owners. The Court correctly acknowledges that Welu's intent, as the installing party, bears the most weight. Robertus, 205 Mont. The Court states in 35 that, [e]ssentially, Welu asks this Court to hold that, even when there is a contract between the parties specifically relating to the property at issue in a proceeding, unjust enrichment should be an available remedy if the contract does not specifically mention who has permanent ownership of the property at issue. The Broadus post office was established in 1900. Held did not attend. Stay up-to-date with how the law affects your life. Therefore, though the factual findings are reviewed for clear error, the question of whether an irrigation system constitutes a fixture is reviewed de novo. It is staffed by good and caring people like Carter and Payton. at 405-06, 670 P.2d at 541. Did the District Court err in concluding that Held did not breach the parties' agreement concerning the pivot irrigation system? 9 Following Held's refusal to allow his workers to remove the irrigation system, Welu filed the instant action against Held and THSH arguing that the pivot irrigation system should be returned to his possession, that the Defendants had converted his property by exercising unauthorized dominion or control over the irrigation system, that Defendants had been unjustly enriched through their possession of the irrigation system, and that the Defendants have caused him damages by way of lost opportunity and revenue. Box 3, Broadus, MT 59317-0003 was in use in 2000 - 2018, P.O. Discover work experience, company details, and more. 27, 48 P.3d 711; Lefeber v. Johnson, 2009 MT 188, 26, 351 Mont. In Schwend, we observed that funds to purchase irrigation systems are obtained frequently through a government agency, which holds a purchase money security interest. Under the 2009 agreement, Welu purchased one of the three 2,000 acre parcels, while the Helds retained a 2,000 acre parcel, and the remaining 2,000 acre parcel was transferred to the Platts. Information on the Modal age groups of Helds neighbors (weve analysed 500 households nearest to the Helds current address), 1999 N Sycamore Ave, Los Angeles, CA 90068, USA, 1641 Riverside Dr, Glendale, CA 91201, USA, 1999 N Sycamore Ave #18, Los Angeles, CA 90068, 1999 N Sycamore Ave #16, Los Angeles, CA 90068, 1999 N Sycamore Ave, Los Angeles, CA 90068, https://www.facebook.com/search/top/?q=Stephen+Held&epa=SEARCH_BOX, https://www.facebook.com/directory/people/, https://www.linkedin.com/search/results/people/?keywords=Stephen+Held, https://www.classmates.com/siteui/search/results?q=Stephen+Held&searchType=all, P.O. However, there are particularly persuasive factual circumstances we noted in Schwend that Welu ignores. Wolf Point. The rule stated in this Section applies where a party, after having rendered part performance, commits a breach by either non-performance or repudiation that justifies the other party in refusing further performance. The District Court entered Findings of Fact, Conclusions of Law, and an Order resolving the case in favor of the Defendants. 42 Further, even if we were to assume that it was possible for Welu to proceed on an unjust enrichment claim, applying the doctrine in this case would contravene decades of this Court's well-established precedent. Indeed, the record reflects that Welu's sole purpose in acquiring land from Held in the first place was to enjoy the hunting that he thought the area could be manicured to offer. West Lebanon, New Hampshire sheld@numbersonly.com. 1922); Restatement (Second) of Contracts 375 (1981)). Register now Is this your nonprofit? 322, 327, 846 P.2d 1000, 1004 (1993); Randolph V. Peterson, Inc., v. J.R. Simplot Co., 239 Mont. (406) 436-.css-1y2reja{color:transparent;position:relative;z-index:12;text-shadow:0.1rem 0.1rem 0.6rem #089FE4;}AATR, Broadus, MT Range Telephone Cooperative. 3 In 2005, Steve Held and Ginger Held (the Helds), together with David Platt and Diane Case (the Platts), purchased an approximately 6,000 acre ranch roughly 16 miles south of Broadus in Powder River County, called the Twin Hearts Angus Ranch (the Ranch). There is no evidence in the record that the parties intended the pivot irrigation system to be moved to different locations on different fields. 7 In early 2012, Welu scheduled a training session with Agri for the purpose of instructing Held on how to operate and maintain the irrigation system. On May 3, 2012, citing ongoing issues with the irrigation system, Welu informed Held that he had instructed Agri not to do any more work on the pivots until I give [Agri] further directions. The District Court noted that, had Welu not interfered and prevented Agri, the contractor who had installed the pivot irrigation system, from working on the pivots, Held would have had sufficient time, as of May 3, 2012, to plant and pivot irrigate an alfalfa crop to provide Welu's required green fields to hunt on by the start of the fall hunting season, in satisfaction of the contract. The pipe is then connected to riser pipes that are permanently attached to water lines buried underground. The staff and management are very accommodating. DIXON, Jean (nee Rees). Search Background Check Edit Listing. Although the Court distinguishes Robertus upon its facts, (Opinion, 37-38), the Court fails to appreciate the significance of Robertus and the proposition for which it is cited: without compensation for the additional value which improvements have conferred upon the property of another by operation of law, not contract, it is against conscience that one person shall be enriched to the cost and injury of another. Opinion, 35-36. See Bos Terra, LP v. Beers, 2015 MT 201, 17, 380 Mont. Broadus is a small south-eastern Montana town in Powder River County located along Highway 212. If, as the District Court acknowledged, Welu is the breaching party and there was still time for Held to have performed but for Welu's interference,4 (Opinion, 31), the Restatement, in both the body of 374 and comment (a), clearly contemplates Welu's recovery in restitution. 1717 Main Street Miles City, MT 59301. 36 Neither party disputes the existence of a contract involving the pivot irrigation system at issue. Conclusions of law in this context are also reviewed for correctness. JTL Group, Inc., 30 (citation omitted). Affirmed. The Rev. 1 This case stems from a disagreement over the ownership and operation of an irrigation system on a ranch near Broadus, Montana. Held and THSH filed counterclaims against Welu, alleging that Welu had trespassed when he and his workers attempted to remove the irrigation system, that Welu had breached the contract between the two parties by failing to perform (arguing that the irrigation system was never completely or correctly installed, and therefore not operational), that allowing Welu to remove the irrigation system would breach the agreement between the parties, and breach of a general duty of care for the alleged operation of an unlicensed outfitting or hunting guide operation. The contract here was indefinite because it lacked the material terms of severability and ownership of the irrigation system. Montana's best first impression or last lasting memory is found in 'the Wavingest Town in the West', Broadus, Montana. See fact 62 in Findings of Fact and Conclusions of Law of the District Court, where the court examines what it considers to be objective evidence of ownership, and outside the scope of the existing contract. Stephen A Held is a resident of MT. 4. on the . Subsequently, the Helds transferred ownership of their parcel to Twin Hearts Smiling Horses, Inc. (THSH), and Welu transferred ownership of his parcel to Twin Hearts, LLC. The wrongful act requirement of Pruyn is thereby met: Held's refusal to cede or pay Welu for those aboveground portions is a wrongful act. Restatement (Third) of Restitution and Unjust Enrichment, 31 (2011) (emphasis added). Co. v. Cringle, 2012 MT 143, 16, 365 Mont. We decline to do so in this case. (a) Restitution in spite of breach. Home Find Alumni Photos & Yearbooks Find Reunion Plan Reunion Apparel. It is a fixture, a part of the real property under Montana law. Views:49. 19 found for Steve Broadus in 25 cities. Copyright 2023, Thomson Reuters. For this purpose, he identified areas suitable for attracting and retaining game animals within the Ranch property. The record reflects that the installation of the pivot irrigation system required that Agri visit the THSH property and assemble each individual pivot arm in specific lengths, tailored to fit its location on THSH's property. 14, in the County of Fer- gus, and State of Montana, prior to the General Election to be held on Tuesday, the 3rd day of November, A. 13 1. 2 On appeal, Welu raises three issues, which we restate as follows: 1. 56 Counties: Steve Held, Margaret Scoles | YPR On this episode of 56 Counties, host Russell Rowland features Powder River County through discussions with actor, horse trainer, and hotelier Steve Held Search QueryShow Search News Regional News NPR News The Worm Shared State Regional News NPR News The Worm Shared State Programs Weekly Schedule New Price $100 + $5 Shipping. However, such a determination also requires us to determine whether those facts satisfy the legal standard provided by 70-15-103, MCA, and our precedent in Schwend. 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