Hanson v. Federal Deposit Insurance
This text of 726 P.2d 409 (Hanson v. Federal Deposit Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Plaintiff brought this action for a declaratory judgment, ORS 28.010, seeking a declaration that a judgment lien is invalid. Defendant moved for dismissal of the complaint on the ground that it does not state a cause of action. The trial court granted the motion and plaintiff appeals.
A complaint for declaratory relief may not be dismissed for failure to state a claim if it states a justiciable controversy. Reynolds v. State Board of Naturopathic Exam., 80 Or App 438, 722 P2d 739 (1986); Aetna Casualty v. Smith, 81 Or App 384, 725 P2d 611 (1986). The complaint states a justiciable controversy, and it was error to dismiss it.
Reversed and remanded.
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Cite This Page — Counsel Stack
726 P.2d 409, 81 Or. App. 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanson-v-federal-deposit-insurance-orctapp-1986.