Burris v. Cross

How courts have described this case

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

• explaining the defendant was a willing litigant because it was actively pursuing a lawsuit in the Court of Chancery
• noting that overripeness is the opposition to a “typical declaratory judgment action, [where] an unwilling litigant will have cast a cloud upon a property right (or other legal interest) of the declaratory plaintiff, but will not have moved forward to litigate the claim.”
• dismissing a case in Superior where the action in the Court of Chancery “appears to be not only ‘equally serviceable,’ but indeed superior to the remedy available in this Court.”
• in deciding whether to entertain a request for declaratory judgment under 10 Del. C., § 6501, ef seg., the court noted its concerns for practicality and judicial economy
• “[n]ormally actions to determine title to land are actions at law”
• declaratory judgment action dismissed where same issue pending in Chancery Court

Source: CourtListener parenthetical corpus (CC0).