Bryant v. English

I concur in part and dissent in part. My disagreement with the majority court has nothing to do with its holding on the merits. In fact, I totally agree with its decision as it pertains to the merits, but disagree that this court procedurally reached the merits.

This lawsuit is a declaratory judgment action and, as such, requires that a present actual controversy must exist. In stating this well-recognized principle, this court stated the following:

The Declaratory Judgment Statute is applicable only where there is a present actual controversy, and all interested persons are made parties, and…