Annable v. Board of Environmental Protection

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that although the parties disagreed over a statute's interpretation, the agency had not acted on its interpretation
• noting that other jurisdictions hold that “a justiciable controversy exists to support a declaratory judgment action when there is disagreement over an official interpretation of a statute”
• unwillingness to interrupt the administrative process is an important reason for applying the doctrine of exhaustion ofremedies
• notwithstanding agency’s contention that agency staff had issued a nonbinding advisory opinion, plaintiff could maintain a declaratory judgment action where a justiciable controversy over the interpretation of a statute existed
• “Essential to the maintenance of a declaratory judgment action is the presence of a justiciable controversy, which [is] defined as a claim of right, buttressed by a sufficiently substantial interest to warrant judicial intervention.”
• “Where the interpretation of a statute is at issue, we have in the past recognized that a plaintiff may maintain a declaratory judgment action even though an alternative remedy may be available to him.”

Source: CourtListener parenthetical corpus (CC0).