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Property Keyed to Chase
Welu v. Twin Hearts Smiling Horses, Inc.
Citation:
386 P.3d 937 (Mont. 2016)Facts
In 2005, Steve and Ginger Held, along with David Platt and Diane Case, purchased a 6,000-acre ranch near Broadus, Montana. In 2009, they divided the ranch into three 2,000-acre parcels, with Welu purchasing one parcel. Under their agreement, Welu acquired exclusive hunting rights on the entire ranch, while the Helds retained exclusive livestock grazing privileges. Welu identified areas on Held’s property where irrigated alfalfa fields would attract game animals. After failing to restore an existing flood irrigation system, Welu proposed installing a pivot irrigation system. In December 2010, Welu emailed Held proposing that Welu would pay for setup and installation costs while Held would be responsible for maintenance and operational costs to ensure “green fields to hunt on.” Held agreed. Welu hired Agri-Systems to install the system, which was completed in October 2011. In 2012, when Held operated the system, it was damaged. Welu instructed Agri not to perform further work on the pivots. In July 2012, Welu attempted to remove the system, claiming he had sold it, but Held prevented the removal. Welu then filed suit seeking return of the system, claiming conversion and unjust enrichment.
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