Curry v. Pondera Canal & Reservoir Co

DA 14-0529 ·Direct Appeal ·Water Court ·Closed
Docket DA 14-0529
Type Direct Appeal — Water Rights Adjudication
Classification Water Court
Outcome Affirmed in part, reversed in part
Lower court case WC 2006-01
Lower court judge Hon. Russ McElyea

Key dates

Closed Apr 14, 2016
Classified Aug 12, 2015
Appeal filed Aug 15, 2014
Record filed Dec 2, 2014
Oral argument Sep 30, 2015
Briefing ended Jul 17, 2015
Opinion issued Mar 29, 2016
Briefing started Dec 2, 2014
Transcript filed Dec 2, 2014
Sent to the court Jul 20, 2015
Cross Appeal Filed Aug 27, 2014
Submitted for decision Sep 30, 2015
Cross Reply Brief Filed Jul 17, 2015
Appellant Reply Brief Filed Jul 6, 2015
Appellant Opening Brief Filed Mar 4, 2015
Appellee Response Brief Filed May 4, 2015

Calculated

from the docket dates
Appeal filed to briefing start 109
Briefing days 226
Briefing start to opening brief filed 91
Classified to Opinion 229
Close of briefing to sent to court 3
Filing date to Opinion 592
Filing date to closed 608
Opening to response 61
Opinion to closed 15
Oral argument to Opinion 181
Reply to cross reply 73
Response to reply 63
Sent to court to classified 23
Sent to court to oral argument 72
Submitted for decision to Opinion 253

Tags

Affirmed in part, reversed in part Amicus granted Amicus requested Closed Cross Appeal Filed Oral Argument Published opinion

Parties

Appellee
Pondera County Canal and Reservoir Co.
Represented by John E. Bloomquist
Appellant
Cheryl S. Curry
Represented by Holly Franz
Appellant
Curry Cattle Company
Represented by Holly Franz
Appellant
Gene R. Curry
Represented by Holly Franz

Opinion

Curry v. Pondera Canal & Reservoir Co, 2016 MT 77

Affirmed in part, reversed in part on March 29, 2016, in a 6 to 1 with 3 concurring published opinion.

Events

most recent first
Notice - Outgoing - Other May 24, 2016 1:16 PM Notice - Outgoing
Fees - Postage Reimbursement Received May 16, 2016 4:06 PM Fees
Record - DC Record Return Card Filed Apr 21, 2016 10:07 AM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Apr 15, 2016 2:10 PM Notice - Outgoing
Record - Water Court Record Returned to the Water Court Apr 14, 2016 9:36 AM Record
Event - Case Closed Apr 14, 2016 9:35 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Apr 14, 2016 9:33 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Apr 14, 2016 9:31 AM Closing Notice
Opinion - Published - Justice Wheat - Affirmed in Part, Reversed in part and Remanded Mar 29, 2016 3:44 PM Opinion
Notice - Incoming - Change of Address (for John E. Bloomquist) Nov 5, 2015 11:22 AM Notice - Incoming
Event - Oral Argument Presented by Holly Franz for the appellant and John Bloomquist for the appellee. The matter was taken under advisement at 10:50 a.m Sep 30, 2015 1:52 PM Event
Notice - Incoming - Supplemental Authority (Pondera Canal Company). copies to Court Aug 18, 2015 9:31 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Aug 12, 2015 4:44 PM Notice - Outgoing
Order - Classified - Oral Argument - Wednesday, September 30, 2015, at 9:30 a.m. in the Courtroom of the Montana Supreme Court, Joseph P. Mazurek Justice Building, Helena, Montana Aug 12, 2015 4:41 PM Classifying Notice
Event - Case Sent to Court Jul 20, 2015 11:59 AM Classifying Notice
Brief - Cross Appellant Reply Jul 17, 2015 11:54 AM Cross Reply Brief
Brief - Appellant Reply and Answer to Cross Appeal Jul 6, 2015 3:28 PM Appellant Reply Brief
Extension - Grant of Extension - Appellants are given until 7/3/15 to file their reply and answer brief May 27, 2015 9:36 AM Extension
Motion - Unopposed - Extension of Time - Appellant's Reply Brief May 26, 2015 9:12 AM Motion
Brief - Appellee and Cross-Appellant May 4, 2015 1:19 PM Appellee Response Brief
Brief - Amicus Curiae of the Montana Water Resources Association May 4, 2015 8:35 AM Amicus Brief
Extension - Grant of Extension to May 4, 2015 to file Appellee/Cross-Appellant Pondera County Canal 's Brief Mar 20, 2015 3:53 PM Extension
Motion - Unopposed - Extension of Time - Appellee/Cross-Appellant Pondera County Canal 's Brief Mar 20, 2015 3:16 PM Motion
Order - Montana Water Resources Association (MWRA) is GRANTED leave to file an amicus brief, due simultaneously with the filing of Appellees Brief Mar 16, 2015 4:50 PM Order - Other
Motion - Amicus - Leave to Participate - Montana Water Resources Association - copies to Court Mar 16, 2015 10:49 AM Motion
Brief - Amicus - Montana Trout Unlimited in Support of Appellants Mar 4, 2015 9:03 AM Appellant Opening Brief
Brief - Appellant's Opening Mar 4, 2015 8:40 AM Appellant Opening Brief
Order - Grant - Extension of Time to March 4, 2015 to file Appellant's Brief Jan 22, 2015 3:50 PM Order - Extension
Motion - Appellant's Motion and Affidavit for Second or Subsequent Extension. sent to Court Jan 22, 2015 9:32 AM Motion
Order - Amicus-Grant Participation - Montana Trout Unlimited - brief to be filed no later than February 2, 2015 Jan 13, 2015 10:37 AM Order - Other
Motion - Amicus - Leave to Participate - Montana Trout Unlimited - copies to Court Jan 12, 2015 3:18 PM Motion
Extension - Grant of Extension - Appellant is given until 2/2/15 to file the opening brief Dec 23, 2014 2:33 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (First Request 30 Days) Dec 23, 2014 2:13 PM Motion
Notice - Outgoing - Transcript Filed Dec 2, 2014 3:48 PM Transcript
Record - condensed Transcript w/DVD of August 24-29, 2014 Trial Dec 2, 2014 3:48 PM Record
Notice - Outgoing - Water Court Record Filed Dec 2, 2014 3:29 PM Record
Record - Water Court Record/Exhibits Filed - Eight Boxes and Four Map Tubes Dec 2, 2014 3:25 PM Record
Rulings - Other Courts - Order from the Honorable Russ McElyea, Chief Water Judge-Granting Extension of Time to Prepare Transcript to 12/2/14 Sep 26, 2014 11:55 AM Ruling
Notice - Outgoing - Cross Appeal Notice Aug 27, 2014 3:15 PM Notice - Outgoing
Fees - Appearance Fee Received Aug 27, 2014 3:12 PM Fees
Notice - Incoming - Notice of Cross Appeal Aug 27, 2014 3:10 PM Notice - Incoming
Notice - Outgoing - Appeal Notice Aug 18, 2014 11:07 AM Notice - Outgoing
Fees - Appearance Fee Received Aug 18, 2014 11:07 AM Fees
Notice - Incoming - Notice of Appeal Filed Aug 15, 2014 11:06 AM Notice - Incoming