Cited by

For this reason, no justiciable controversy exists when the defendant has not actually denied the plaintiff’s asserted interest, Land Department v. O’Toole, or when the defendant lacks the power to deny it, Yes on 200 v. Napolitano

Similar to § 41-1034(A), which obviates the requirement to show a distinct and palpable injury, an existing injury is not required under the Act so long as the relief sought is “based on an existing state of facts” and “is not advisory.” Ariz. Creditors Bar Ass’n v. State, (quoting Land Dep’t v. O’Toole, ); Ariz. Sch.

The “complaint must assert a legal relationship, status or right in which the party has a definite interest and an assertion of the denial of it by the other party.” Land Dep’t v. O’Toole

See Land Dep’t v. O’Toole, (“The declaratory judgment procedure is not designed to furnish an additional remedy where an adequate one exists.”) (citations omitted).

“For a justiciable controversy to exist, a complaint must assert a legal relationship, status or right in which the party has a definite interest and an assertion of the denial of it by the other party.” Land Dep’t v. O’Toole

at 360 , 837 P.2d at 162 (citing Land Dep’t v. O’Toole, , ).

36 (action for declaratory judgment requires “actual controversy which must be real and not theoretical”); Land Dep’t v. O’Toole, (justiciable controversy requires assertion of legal interest and “assertion of the denial of it by .

See Land Dep’t v. O’Toole, , see also Pollard’s Lessee v. Hagan, 44 U.S. (3 How.)

1245 , 67 L.Ed.2d 493 (1981); Land Department v. O’Toole

Land Department v. O’Toole