Underwood v. State

Plaintiff filed this action for injunctive relief and declaratory judgment in the Circuit Court for Montgomery County. He asked the court to declare that he was not in violation of Code 1975, § 36-25-7 (a), a section of the Ethics Act.1 The trial court held that the plaintiff's status placed him in violation of the statute, and denied him the relief he sought. The plaintiff appealed. We find that the facts of this case did not present to the trial court a justiciable controversy, and dismiss the appeal.

The facts of the case, as presented at trial, are as follows:

The plaintiff, Kenneth W.…