The Dissent would have this Court reach the merits of Welu's unjust enrichment claim, arguing that because the contract did not expressly cover ownership of the pivot irrigation system, the contract does not preclude an unjust enrichment claim. 2001). This suggests that the irrigation systems are commonly seen in the agricultural and finance industries as removable in the event the underlying debt is not paid. Broadus, Montana, United States. Held did not attend. We note further that this pivot irrigation system was not specifically designed to be used in more than one location, as the Schwend irrigation pipe was. Did the District Court err in determining that Held and Twin Hearts Smiling Horses, Inc., were not unjustly enriched? As a result, Welu's unjust enrichment claim fails and Held gains a windfall in the form of a million dollar irrigation system which, as the trial court acknowledged in its findings of fact, was never meant to primarily benefit him. Steve Held is listed as an Agent with Twin Hearts Smiling Horses,inc. Steven W.J. Foreign surnames can be transliterated and even translated (e.g. Dissent, 56. Jeffrey T. 2021-07-04. (tie) Ron Rossen, Broadus, Montana, 359 6/8; 1963 Leo Brow, Czar, Alberta, Canada, 1,384 8/8; 1962 Bob . Therefore, we hold that the District Court did not err in concluding that the pivot irrigation system was factually annexed to THSH's real property within the meaning of our precedent involving fixtures. 2 On appeal, Welu raises three issues, which we restate as follows: 1. 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. 3. Therefore, because we determine that the components at issue were both an integral part of the pivot irrigation system and were specifically adapted to the realty at issue, we conclude that the pivot irrigation system as a whole was adapted to the realty. 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 A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. Section 28-3-301, MCA. at 407, 670 P.2d at 542. 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. Of Equalization, 15 P.3d 728, 733 (Wyo. Copyright 2023, Thomson Reuters. . We decline to do so in this case. Denying Welu the remedy of restitution under the theory of unjust enrichment, on the basis that the contract was indefinite or failed to mention ownership, contravenes well-established principles of equity that are evident in our own precedent and the Restatement of Restitution and Unjust Enrichment. Spokeo's database, while extensive, does not contain all U.S. warrant, arrest, court, or other related records. 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. About This Listing. Although our statement was correct, we use this opportunity to briefly clarify the standard of review we apply to a district court's determination as to whether a fixture exists. The funeral service will be held on Saturday September 7th at Pierce Funeral Home 9609 Center Street Manassas, VA 20110 at . Steve Held - Broadus, Montana, United States | Professional Profile | LinkedIn View Steve Held's profile on LinkedIn, the world's largest professional community. Listed:5 years ago. A service for Jean will be held at the Arohanui Church, 81 Middle . (optional). Watchers:0. The address on file for this person is 221 W. Holt Street, Broadus, MT 59317-0000 in Powder River County. The irrigation system in question was placed on the defendants' property by agreement of the parties. "He fought for his life in the. Welu argues the District Court erred in determining that the pivot irrigation system was adapted to the realty because Held had not previously irrigated the land at issue and because the system was capable of use on other property. 39 In full, 374 of the Restatement (Second) of Contracts, entitled Restitution in Favor of Party in Breach, states: (1) Subject to the rule stated in Subsection (2), if a party justifiably refuses to perform on the ground that his remaining duties of performance have been discharged by the other party's breach, the party in breach is entitled to restitution for any benefit that he has conferred by way of part performance or reliance in excess of the loss that he has caused by his own breach. The organization is not a private foundation because it is: Date and time of your visit to this nonprofit: 7227 Farm To Market Road, Whitefish, MT 59937, 1601 Hollins Avenue, Helena, MT 59601-1709, 5865 Rosendale Rd, East Helena, MT 59635-9727, 32300 East Frontage Road, Bozeman, MT 59715. Acknowledging that pursuant to 70-18-101, MCA, Held was entitled to elect whether to return the aboveground portion of the irrigation system or to keep it, does not transform this argument for Welu's relief into a call for specific restitution, as the Court asserts. 11 On appeal, Welu argues the District Court erred in concluding that the entire pivot irrigation system was a fixture, that the District Court erred by determining that Held did not breach the parties' agreement, and that the District Court erred in concluding that Held and THSH were not unjustly enriched by being allowed to retain the pivot irrigation system on their property. The Employer Identification Number (EIN) for Steve Held Foundation Inc is 810502393.EIN is also referred to as FEIN (Federal Employer Identification Number) or FTIN (Federal Tax Identification Number). This organization has been in operation for 26 years, which makes it slightly younger than other nonprofits in the state. 32 3. Welu believed that irrigated alfalfa fields would increase the amount of game attracted and retained on the property in those areas. 10 The parties tried the case before the Honorable Michael B. Hayworth on March 24 and 25, 2015. Co. v. Cringle, 2012 MT 143, 16, 365 Mont. Does Stephen A Held have any alternative names? About 28% of the county's residents live in Broadus. They have also lived in Miles City, MT and Belle Fourche, SD. I also disagree that a claim for unjust enrichment is precluded when ownership is determined by operation of statute, rather than pursuant to principles of contract law. See Bos Terra, LP v. Beers, 2015 MT 201, 17, 380 Mont. 48 Second, to bolster its finding to the contrary, the Court conflates the intent of the parties with sufficient physical characteristics of permanence under Schwend: There is no evidence in the record that the parties intended the pivot irrigation system to be moved to different locations on different fields. Opinion, 20. Steve Held Foundation Incorporated is a tax exempt organization located in Broadus, Montana. While they left the dismantled pivot on the property, the workers left without reassembling the system. Robertus, 205 Mont. When those efforts failed, he sought to install the pivot irrigation system at issue in this case. 21 Given these particular facts, we find that there was substantial evidence tending to show annexation in this instance which outweighed any evidence against such a conclusion. 358, 264 P.3d 1098; Albinger v. Harris, 2002 MT 118, 21, 310 Mont. An intent that an object remain for so long as a person wishes or is able to huntan intent subject to whim and fancydoes not equate to an intent that the object forever remain on the land. 1 Stephen Held (Held) and Twin Hearts Smiling Horses, Inc., appeal from the Findings of Fact, Conclusions of Law, and Order, Judgment, and Decree entered by the Sixteenth Judicial District Court, Powder River County, following a bench trial. Filling in portions of the existing irrigation ditches located on THSH property is further evidence of the fact that Welu intended the pivot irrigation system to be permanent. Broadus Steve Held Steve Held Current Address: WEQQ N Park Ave, Broadus, MT Past Addresses: See available information Phone Number: (406) 436- AATR Email Address: See available information UNLOCK PROFILE Phone & Email (1) All Addresses (1) Family Social Court (2) And More Phone & Email ( 1) We found 1 phone number and email address. Pruyn requires that to consider unjust enrichment, there must not be an agreement between the parties. 1908, for the said County of Fergus, Montana, will expire at 9 o'clock p. in. . Schwend, 25 (emphasis added) (quoting Wyo. per night. 2. There are at least 46 records for Stephen A Held in our database alone. Later, Held, Platt, and Tim Welu decided to divide the property into three parts, with each party owning 2,000 acres. Did the District Court err in determining that the entire pivot irrigation system constituted a fixture? Agreed? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. A pump goes out, you replace it. 1, 223 P.3d 912 (citation omitted). We found 2 records matching "Steve Held". See, e.g., Sebena v. State, 267 Mont. The party in breach is, in any case, liable for the loss caused by his breach. Fifth generation Montana See more 358 people like this 363 people follow this 39 people checked in here http://www.broadusmontana.com/ (406) 436-2626 broadusmotels@gmail.com It's terrific to work with good people and appreciate you very much. Where the labor or money of a person has been expended in a permanent improvement which enriches the property of another, under an oral agreement which cannot be enforced under the Statute of Frauds, that person is entitled to an award for the amount by which such improvements unjustly enriches the property. Robertus v. Candee, 205 Mont. Hartford, Wisconsin. Therefore, we address each factor in turn. Who are the acquaintances for Stephen Held. The Rev. If Held chose to keep the system, as he apparently has, Welu is entitled to restitution generally corresponding to the amount of its value under the theory of unjust enrichment. In addition to the tracts of land, the parties obtained certain rights relating to the entirety of the Ranch: Welu acquired the exclusive use of hunting rights on the entire Ranch during his lifetime; the Platts were granted exclusive recreational use of the Ranch during their lifetime; and the Helds were granted an exclusive privilege to use the Ranch for livestock grazing purposes. There is no agreement permitting the plaintiff to remove any of it, as required by Montana law. 45 Based on the foregoing, we hold that the District Court did not err in determining that the pivot irrigation system was a fixture under the facts of this case, that the District Court did not err in determining that Held did not breach the parties' agreement, and that the District Court did not err in concluding that Held and THSH were not unjustly enriched by the installation of the pivot irrigation system at issue in this case. Held's wrongful act arises from the fact that the statute governing the accession of fixtures to land allows the landowner to, at his option, cede the removability of the fixture. Who are the residents at 221 Holt Street Broadus, in addition to Stephen A Held? Held gains a windfall where none was ever intended, to the detriment of Welu. A welcoming motel in small town America The Broadus Motels is a down to earth older style motel. He was born on Aug 26, 1960. Quite often, people use short versions of their name (i.e. Stephen is connected to eight people through the previous addresses . at 407, 670 P.2d at 542. 2018 Principal Officer Steve Held Main address 10 Turret Buttes Rd Broadus, MT 59317 United States EIN 81-0502393 NTEE code info Human Service Organizations (P20) IRS filing requirement This organization is required to file an IRS Form 990-N. Sign in or create an account to view Form (s) 990 for 2012 and 2009. Robertus, 205 Mont. Further, Agri advised Mr. Held that failure to move the fence would result in the pivot being damaged. We decline to do so in this case. The Defendants have not committed any wrongful act by retaining it. Due to the damage, the irrigation system was taken offline in May 2012. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Select this result to view Stephen Held's phone number, address, and more. Broadus. After the land sale, all the parties entered into a recorded agreement. Among other things, a claim of unjust enrichment requires a plaintiff to show the element of misconduct or fault on the part of the defendant or that the defendant somehow took advantage of the plaintiff. In the absence of a contract, [a]n implied contract springs from principles of natural justice and equity, based on the doctrine of unjust enrichment. Ragland v. Sheehan, 256 Mont. Conclusions of law in this context are also reviewed for correctness. JTL Group, Inc., 30 (citation omitted). Initially, Welu endeavored to restore the existing, but inoperable, flood irrigation system located on TSHS's property. Find an obituary, get service details, leave condolence messages or send flowers or gifts in memory of a loved one. Steve has 1 job. Results for this person or the person you are looking for are not guaranteed to appear in search results. After the workers arrived on the property and commenced removing the system, successfully dismantling one of the pivots, Held directed them to leave the property. (b) the failure to satisfy an extrinsic requirement of enforceability such as the Statute of Frauds, has a claim in restitution against the recipient as necessary to prevent unjust enrichment. Robertus, 205 Mont. Aged 83. Did the District Court err in determining that Held and Twin Hearts Smiling Horses, Inc., were not unjustly enriched? JAMES JEREMIAH SHEA Therefore, the predicate required by 374 of the Restatementthat the party be justified in his or her refusal to perform based on the other party's breachis not present here. Welu and Agri maintain that by October 2011, the irrigation system was fully installed, as evidenced by the fact that Agri had provided Welu with a run through of the system and then winterized it in place. 2 court search results for people named "Steve Held" in the United States. Schwend, 33. My Ex-Husband is relocating there to work on a ranch for some guy named "Steve", that apparently just recently bought 7000 acres. 4 As indicated by the exclusive rights he acquired in the 2009 agreement, Welu's purpose in acquiring an interest in the Ranch was to use the land to hunt game animals. Accordingly, as the agreement provided, Held's duty to maintain and repair the pivot irrigation system was intended to make sure we have green fields to hunt on. The District Court found that Held had not breached the parties' agreement as of the time that Welu directed that Agri not undertake any more work on the pivots, because there was still sufficient time for Held to repair the pivot irrigation system and cultivate green fields for hunting prior to the start of the 2012 hunting season, but for Welu's interference. Search Background Check Edit Listing. Most common industries in Broadus, MT (%) Both Males Females Educational services (17.2%) Health care (16.3%) Agriculture, forestry, fishing & hunting (12.3%) Accommodation & food services (9.7%) Food & beverage stores (5.3%) Public administration (5.3%) Construction (4.8%) Agriculture, forestry, fishing & hunting (24.8%) Login. Significantly, operation of the statute which occurs in the absence of an agreement, does not foreclose a claim of unjust enrichment when the landowner elects not to return the fixture. Contact MAILING ADDRESS PO Box 3 Broadus, MT 59317 CONTACT 406-436-2626 Details SEASON All Year HOURS 24 Hours PAYMENT METHODS Cash, Discover, Master Card, Personal Check (In State), Travelers Checks, Visa Pursuant to 70-18-101, MCA, a fixture installed to the land of another belongs to the landowner in the absence of an agreement as to its removability, unless the owner of the land chooses to require the person to remove it. New York: McGraw-Hill; 1981:29-59.) 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