Legal Opinion

Young v. CHESAPEAKE LAND COMPANY, LLC

Court of Civil Appeals of Oklahoma

Decided January 30, 2009No. 106,517. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3PublishedCited by 1 opinion

1Opinion of the Court

CAROL M. HANSEN, Presiding Judge.

11 Plaintiff/Appellant, Stanton L. Young, seeks review of the trial court's order granting the motion to dismiss of Defendant/Ap-pellee, Chesapeake Land Company, L.L.C. (Chesapeake), for failure to state a justiciable controversy in Young's action for declaratory judgment. We affirm, holding the mere allegation a property owner intends to violate restrictive covenants in the future fails to state an actual controversy, and in order to invoke the district court's subject matter jurisdiction to enforce restrictive covenants in a declaratory judgment action, the…

2Cases cited6 opinions

  1. Fanning v. BrownSupreme Court of Oklahoma · 2004
  2. Gordon v. FollowellSupreme Court of Oklahoma · 1964
  3. Wendell v. LongCourt of Appeals of North Carolina · 1992
  4. Cupola Golf Course, Inc. v. DooleySupreme Court of Vermont · 2006
  5. Estes v. EstesSupreme Court of Oklahoma · 1996

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Sexton v. Kipp Reach Academy Charter School, Inc.Court of Civil Appeals of Oklahoma · 2011

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