Baker v. City of Marietta

How courts have described this case

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

• holding that “[w]here the party seeking declaratory judgment does not show it is in a position of uncertainty as to an alleged right, dismissal of the declaratory judgment action is proper”
• explaining that courts have “no province to determine whether or not a statute, in the abstract, is valid, or to give advisory opinions”
• “[T]he Declaratory Judgment Act makes no provision for a judgment that would be ‘advisory.’ ” (Citation omitted)
• “[wjhere the party seeking declaratory judgment does not show it is in a position of uncertainty as to an alleged right, dismissal of the declaratory judgment action is proper”
• “[T]he Declaratory Judgment Act makes no provision for a judgment that would be ‘advisory.’ ” (Citation omitted)
• trial court erred in ruling on declaratory judgment action where plaintiff did not assert that it faced a risk of taking future undirected action and defendant argued that only the plaintiff sought declaratory relief

Source: CourtListener parenthetical corpus (CC0).