Kizer v. Finch

THOMPSON, Judge.

This is an appeal from a judgment based on a jury verdict. . On December 6, 1993, Clara S. Kizer filed a complaint against the City of Helena and several fictitious defendants, seeking a declaratory judgment and injunctive relief. A “declaratory judgment” is “[a] binding adjudication of the rights and status of litigants even though no consequential relief is awarded.” Black’s Law Dictionary 409 (6th ed.1990).

In her complaint for the declaratory judgment, Kizer asked the trial court to issue an order delineating her right to walk her dogs upon the public right-of-way that…