ABC Agra, LLC v. Critical Access Group, Inc.

BURDICK, Chief Justice.

This appeal arises out of ABC Agra, LLC’s (“ABC”) action seeking a declaratory judgment against Critical Access Group, Inc. (“CAG”) regarding the enforceability of a real property use restriction. Because there were no existing or proposed uses that implicated the restriction, the district court determined that the claim was not ripe and granted CAG’s 12(b)(6) motion to dismiss. We affirm this dismissal.

I. FACTUAL AND PROCEDURAL BACKGROUND

The facts of this case are not at issue because CAG accepts the facts ABC alleged in its complaint as true for the purposes of its…