Albrecht v. Emmert

"[C]ourts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed." ORS 28.010. "The purpose of [a declaratory action] is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered." ORS 28.120.

Following a legal dispute with Neighbors, Emmert appealed a declaratory judgment and injunction that vacated his prior legal nonconforming property use as a private tennis club, enjoined the current operation of a multi-sport club on the same property, and required he use and develop the property consistent with residential zoning ordinances. Emmert assigned error to (1) Neighbor’s standing to bring their declaratory action, and (2) the jurisdiction of the trial court to decide an issue of land use.  Emmert argued Neighbors could not file their declaratory action before an off-site impact standard review was complete and the trial court did not have jurisdiction over the city’s zoning enforcement decision.  “[C]ourts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations, whether or not further relief is or could be claimed.” ORS 28.010.  "The purpose of [a declaratory action] is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered." ORS 28.120.  The Court found that the trial court had constitutional and statutory authority to exercise jurisdiction and issue declaratory and injunctive relief in land use matters.  Additionally, the Court found Neighbors showed that Emmert’s property use negatively impacted their ability to enjoy their adjoining property, and the grant of declaratory relief would affirm the Neighbors’ property rights.  Affirmed.