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    News and Articles on Declaratory Judgment



    N.J. High Court to Decide if Counsel Fee Awards Can Cross State Lines  Mar 13, 2010
    Myron's carrier, the Atlantic Mutual Insurance Corp., unsuccessfully sought to have a federal judge in the Northern District of Illinois grant its application for a declaratory judgment saying it did not have to defend Myron against the TCPA claims. The 7th U.S. Circuit Court of Appeals reversed and again Atlantic Mutual sought a declaratory judgment ... Wolff, of Morristown, N.J.'s , said Atlantic Mutual was not trying to deprive Myron of anything it was entitled to, but that it moved for a... (Law.com)

    Both Senate bingo bills dead  Mar 4, 2010
    Macon County District Attorney E. Paul Jones said he will file for a declaratory judgment soon in Macon County Circuit Court. VictoryLand has been closed for a month to prevent a raid by the governor's gambling task force. (WSFA.com, AL)

    County faces lawsuit over appointments to regional authority  Feb 25, 2010
    The six-page complaint for declaratory judgment against the Board of Supervisors was filed in Pittsylvania County Circuit Court by Chatham attorney Barbara Hudson on behalf of Nancy Barbour Smith, Karen B. Maute, Andrew Lester, George Stanhope and Carolyn Gibson. All of the plaintiffs are taxpayers in the county. (Chatham Star Tribune, VA)

    Pro and anti gambling supporters react to state house rallies  Feb 25, 2010
    "We could file a declaratory judgment action, and we could ask the court...tell us, under this amendment, under this enabling law, under these rules and regulations and under this ratification debate that occurred in this county...is electronic bingo legal or not? File 17 of them, have 17 quick answers, take it to the Supreme Court, have a definitive answer. There's no reason we couldn't do that in a matter of months," he says. King made the same recommendation in a news conference last week. (WSFA.com, AL)

    ZBA rules in favor of racetrack (5)  Feb 17, 2010
    She suggested the board take a look at the recent Declaratory Judgment action submitted to the Columbia County Supreme Court on April 16 of this year. The judgment seeks a declaration that the Wilzig racetrack is not a permitted use under the town of Taghkanic zoning ordinance. (Hudson Register Star, NY)

    High Court Won't Stop Pinewild Annexation  Feb 6, 2010
    They tried to obtain a declaratory judgment on that question, but the effort was blocked ... In Carthage, Senior Resident Superior Court Judge James M. Webb dismissed their request for a declaratory judgment on that question and ordered them not to file it again. (The Pilot Newspaper)

    Country Crossing issues statement after fed. ruling  Feb 2, 2010
    It remains to be seen whether Mr. Tyson will participate in the civil declaratory judgment action, notwithstanding the federal court's admonition that he do so. We agree that these issues should be decided without the drama that the task force has engaged in so far, and we look forward to the resolution of this matter in the orderly process that the federal judge suggests. (WSFA.com, AL)

    Tlingit & Haida sues state over child support  Jan 31, 2010
    The council wants a declaratory judgment that will require the state to recognize its tribal court and administrative orders regarding child support that are granted under federal law. "In our tribe, we decided that we wanted to do something to make sure that children and families are supported," said Bob Loescher, vice chairman of the Tlingit & Haida Tribal Judiciary Committee. (Juneau Empire)

    Board, developers at odds over road  Jan 28, 2010
    The board voted unanimously at its monthly meeting to seek a declaratory judgment action against GBT Realty regarding Crossings Circle ... City Administrator Victor Lay said declaratory judgment is when a judge decides, based on information presented, whether the road was meant to be conveyed to Spring Hill or not ... The board amended the resolution on the meeting agenda to show it is seeking a declaratory judgment instead of condemnation and unanimously authorized City Attorney Tim Underwood... (Columbia Daily Herald, TN)

    Agreement reached in ferry dispute  Jan 25, 2010
    Brown filed a declaratory judgment examining a 40-year-old agreement between the parish and St. John the Baptist Church in Edgard in November 2008. A trial on the matter was set for Jan. 20. (L Observateur, LA)

    Hamel Asks Board for Second Vote on Court Appeal  Jan 16, 2010
    Judge Pickard issued a declaratory judgment for the plaintiffs, stating that reconfiguration constitutes a non-incidental amendment to the regional plan, and a permanent, mandatory injunction ordering the Region 14 Board of Education to restore the K-5 schools in Bethlehem and Woodbury. The Region 14 Board of Education, at a special meeting Tuesday, December 22, 6-2, to authorize the board's legal counsel to file an appeal of Judge Pickard's decision. (Voices, CT)

    Marvel Sues to Block `X-Men,' `Fantastic Four' Claims by Artist's Heirs  Jan 10, 2010
    The company is seeking a so-called declaratory judgment that the notices are invalid. The comic book publisher and movie producer claims Kirbys contributions to the comic book superheroes and stories were made-for-hire works, making Marvel the sole owner of the copyrights, according to the complaint. (Bloomberg -- Canada)

    Court: Wilzig cant pave, use track  Jan 10, 2010
    In the legal action filed April 15, 2009, the Granger Group and 11 other plaintiffs sought a temporary restraining order, a preliminary injunction and a declaratory judgment vacating all the Taghkanic Planning and Zoning Board approvals ... McGrath approved the preliminary injunction blocking Wilzig from using or continuing work on his track until the declaratory judgment action that sought to make the injunction permanent was decided on. (Hudson Register Star, NY)




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