Rudolph v. Indian Hills Estates, Inc.

The question raised on this appeal is whether the declaratory judgments statute 1 may be properly used to adjudicate plaintiffs’ claim of right to (1) maintain a tree house, (2) construct a swimming pool, and (3) seek dissolution of defendant corporation.

The test. For the proper maintenance of a declaratory judgment action, four conditions precedent must be met by the party bringing such action. 2 They are as follows:(1) Justiciable Controversy. “ . There must exist a justiciable controversy — that is to say, a controversy in which a claim of right is asserted against one who has an interest…