damages could not be recovered in declaratory judgment action involving property rights where petition asserted that petitioner was entitled to damages if court denied its ownership claim
How later courts described this case
- damages could not be recovered in declaratory judgment action involving property rights where petition asserted that petitioner was entitled to damages if court denied its ownership claim
- reversing the trial court’s dismissal of appellant’s declaratory action involving its ownership of real property
- noting Declaratory Judgment Act’s broad scope and comprehensive nature
- overruling prior cases similar to Rico
Written by the judges who cited it.
The opinion
Wyatt, J.,
dissenting. I dissent because I do not think that this is a proper case for declaratory judgment.