Samuel v. Frohnmayer

This case raises questions concerning the scope of a trial court’s authority to provide “further relief’ to a successful party in a declaratory judgment proceeding. The pertinent statute, ORS 28.080, provides in part:

“Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper.”

Specifically, the issue is whether an award of attorney fees to the winning party for expenses incurred in pursuing the declaratory judgment may be “proper” further relief under the statute, when only the statute itself is relied upon as the source of the court’s authority to…