ORS 28.080
Supplemental relief

Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application thereof shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause why further relief should not be granted forthwith. [Amended by 2003 c.576 §306]

Source: Section 28.080 — Supplemental relief, https://www.­oregonlegislature.­gov/bills_laws/ors/ors028.­html.

Notes of Decisions

Legislature did not intend, by its provision in ORS 183.400 (1) that petition to have validity of rule determined may be “filed as provided by ORS chapter 28,” to incorporate provisions for additional relief in this section. Burke v. Children’s Services Division, 288 Or 533, 607 P2d 141 (1980)

Party is not precluded from seeking supplemental relief by its failure to seek recovery in original declaratory action, nor is judgment granting supplemental relief void even though certain nonsubstantive decisions were made by trial court when jurisdiction was reposed in appellate court. Dry Canyon Farms v. U.S. National Bank of Oregon, 96 Or App 190, 772 P2d 1343 (1989)

Where ORS 182.090 provided for remedy award of attorney fees to successful litigant, and where that statute establishes conditions for its application, it was inappropriate for court to import into this more general section, same or even broader authority to award attorney fees. Samuel v. Frohnmayer, 308 Or 362, 779 P2d 1028 (1989)

Availability of supplementary relief does not preclude seeking other forms of relief. O’Connor v. Zeldin, 134 Or App 444, 895 P2d 809 (1995)

Determination concerning what coercive relief is necessary to effectuate declaratory judgment is separate from process of analyzing party rights, status or other legal relations under ORS 28.010, 28.020 or 28.030 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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