Meyer v. County of Madison

delivered.the opinion of the court:

Plaintiff appeals the trial court’s dismissal of his complaint upon defendants’ motion and a finding that there are not sufficient specific allegations of fact to establish a real controversy, that an appeal was pending between the same parties involving the same subject matter and law, and that a declaratory judgment is not a proper remedy considering the pleadings, law and pending appeal.

Plaintiff’s action sought a declaratory judgment against the county which had passed a zoning ordinance zoning plaintiff’s property as residential with certain accessory…