Freeman v. Danville Tobacco Board of Trade, Inc.

DAVIS, Commissioner.

The appellant sought declaration of rights in this action brought in the Boyle Circuit Court. ICRS 418.040 et seq. The trial court dismissed the action pursuant to its holding that no fact was pleaded reflecting the existence of an actual controversy. The question presented is whether the complaint states facts sufficient to entitle appellant to a declaration of rights.

The allegations of the complaint, as amended, may be summarized thus:

Appellant owns and operates a tobacco warehouse in Mercer County; he has *216“made arrangements” to build a similar warehouse in Danville, and…