“decry[ing] that we must send this case back to the trial court, even though plaintiff obviously is not enti- tled to relief”
How later courts described this case
- “decry[ing] that we must send this case back to the trial court, even though plaintiff obviously is not enti- tled to relief”
- holding that motions to dismiss are seldom if ever appropriate for deciding such issues
- expressing “no opinion on the merits of this case, because defendants have not yet answered and moved for a judgment on the pleadings”
- “it is wrong to dismiss a complaint for declaratory relief on the ground that it fails to state a claim, if it alleges a justiciable controversy”
Written by the judges who cited it.
The opinion
WARDEN, J.,
concurring.
I concur in the majority’s opinion and its result. I write only to decry that we must send this case back to the trial court, even though plaintiff obviously is not entitled to relief.