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Standing for a Declaratory Judgment - Oregon Law

December 13, 2016

This is a recent decision from the Oregon Supreme Court. In summary, the Court concluded: "...to have standing to bring a declaratory judgment action construing a statute, a plaintiff need only have a legally recognized interest that is affected by the statute."  The Court goes on to say: "We reject the idea that, to establish standing to seek a declaration about a statute’s validity, meaning, or effect, a plaintiff must show that it is subject to the statute or that its alleged interests are within the zone of interests that the statute seeks to protect. Rather, to have standing to seek a declaration with respect to a statute, a plaintiff must show that it has a “legally recognized interest” that is adversely affected by the statute. Morgan, 353 Or at 372. An affected interest may be legally recognized by the very statute at issue in the declaratory judgment action, but it also may be legally recognized by other sources." For a further reading of the case, please visit: http://www.publications.ojd.state.or.us/docs/S063648.pdf

 

 

 

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