Pension Management, Inc. v. DuRose

One issue is presented on this appeal: Did the trial court err in sustaining the state’s demurrer to plaintiffs-appellants’ cause of action for a declaratory judgment?

Plaintiffs-appellants contend the trial court erred in ruling that no justiciable controversy existed between the parties and that the controversy amounted to a mere difference of opinion for which a judicial decision would be only advisory.

Originating in preclassical Roman law, 1 declaratory relief received Wisconsin statutory codification in 1927 with the adoption of the Uniform Declaratory Judgments Act. 2 The stated purpose…