Rice Lake Contracting Corp. v. Rust Environment & Infrastructure, Inc.

I agree a live controversy exists; while the appellants contend the settlement agreement provides them with an affirmative defense to the underlying litigation, the respondents argue its only effect is to discharge the city’s liability in that suit. However, I respectfully dissent because the trial court cannot properly hear a declaratory action that raises issues which can be decided in the same parties’ underlying lawsuit. Trimble v. City of Prichard, 438 So.2d 745, 746 (Ala.1983); Turnpike Farm Ltd. Partnership v. Curran, 316 Md. 47, 557 A.2d 225, 226 (1989); Becton v. State, 506 S.W.2d…