Berg v. Hirschy

Plaintiffs appeal the trial court’s dismissal of their declaratory judgment action at the pleading stage. They assign error to the trial court’s determination that granting defendants’ motion to dismiss was proper because the case presented no justiciable controversy. We review for errors of law, Huang v. Claussen, 147 Or App 330, 332, 936 P2d 394, rev den, 325 Or 438 (1997), and affirm.

In considering the sufficiency of plaintiffs’ complaint, we accept as true its well-pleaded allegations and the reasonable inferences that may be drawn therefrom, but disregard any allegations that are…