Power of courts
- form of declaration
Source:
Section 28.010 — Power of courts; form of declaration, https://www.oregonlegislature.gov/bills_laws/ors/ors028.html.
Notes of Decisions
Provision for declaratory and further relief in a single proceeding does not change rule that plaintiff must determine whether remedy is at law or in equity and proceed accordingly. Mayer v. First Nat. Bank, 260 Or 119, 489 P2d 385 (1971)
A declaratory judgment proceeding will be treated either legal or equitable, depending upon its nature. May v. Chicago Ins. Co., 260 Or 285, 490 P2d 150 (1971)
Declaratory judgment proceedings to determine coverage under insurance policies are legal in nature. May v. Chicago Ins. Co., 260 Or 285, 490 P2d 150 (1971)
A proceeding to determine whether individuals are tortiously liable is legal in nature; therefore, the findings of the trial court which are supported by evidence must be accepted as correct on appeal. Grange Ins. Assn. v. Zumwalt, 272 Or 263, 536 P2d 428 (1975)
Declaratory judgment proceedings requesting the construction of contracts are legal in nature, and factual determinations by the trier of fact which are supported by evidence are treated as final on appeal. C & B Livestock, Inc. v. Johns, 273 Or 6, 539 P2d 645 (1975)
Declaratory judgment would not issue with respect to constitutionality of regulations required pursuant to civil commitment statute (ORS 426.220) where Mental Health Division had not yet promulgated such administrative rules. Pyle v. Brooks, 31 Or App 479, 570 P2d 990 (1977)
Circuit court had authority to determine whether Attorney General had statutory duty, but lacked authority to determine whether exercise of duty would violate attorney disciplinary rules. Brown v. Oregon State Bar, 293 Or 446, 648 P2d 1289 (1982)
Action seeking injunction against rule not yet in effect was not action involving enforcement within jurisdiction of circuit court. Alto v. State Fire Marshal, 319 Or 382, 876 P2d 774 (1994)
Declaratory judgment is not available to compel agency to change action taken. Mendieta v. Division of State Lands, 148 Or App 586, 941 P2d 582 (1997)
Determination under ORS 28.080 concerning what coercive relief is necessary to effectuate declaratory judgment is separate from process of analyzing party rights, status or other legal relations in order to issue declaratory judgment. Ken Leahy Construction, Inc. v. Cascade General, Inc., 329 Or 566, 994 P2d 112 (1999)
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