Goodman v. Micka

This is a declaratory judgment action in which plaintiff sought a determination of the parties’ respective interests in certain real property. ORS 28.010 et seq. The trial court granted defendants’ motion for summary judgment, ORCP 47 C, ruling that no justiciable controversy existed and that plaintiff had “other and more appropriate remedies available.” We reverse.

Plaintiff, as the conservator of the estate of Norman Evonuk, undertook to inventory and value Evonuk’s assets, including real property located in Vida. Defendants, who currently reside at that real property, claimed a tenancy…