Legal Opinion

Green v. Cox

Court of Appeals of Oregon

Decided January 28, 1980No. A7809-14709, CA 13220Published

1Opinion of the CourtTanzer, P. J.

Plaintiffs appeal from an order sustaining a demurrer to their complaint for declaratory judgment. The demurrer was for failure to "state facts sufficient to constitute a cause of action.” The only allegations of the complaint which are material on this appeal are that an interlocutory order, affirmed on appeal, foreclosed plaintiff’s interest in certain property unless a certain sum plus interest and real property taxes are paid and that the payments were thereafter timely made.1

*186The essential elements of any cause of action for declaratory judgment were set out in Oregon Cry. Mfgs. Ass’n v.…

2Cases cited4 opinions

  1. Oregon Creamery Manufacturers Ass'n v. WhiteOregon Supreme Court · 1938
  2. Harrison v. Port of Cascade LocksCourt of Appeals of Oregon · 1976
  3. Hupp v. SchumacherCourt of Appeals of Oregon · 1977
  4. Finch v. MillerOregon Supreme Court · 1975

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