Declaratory Judgement Act Module

Generally

Under the Declaratory Judgment Act, OCGA § 9-4-1 et seq., “[i]n cases of actual controversy,” and “in any civil case in which . . . the ends of justice [so] require.”

“The purpose of the Declaratory Judgment Act is to settle and afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; the Act is to be liberally construed and administered.” Id. (citation 11 and punctuation omitted).

Subject matter jurisdiction

Georgia’s superior courts “have power . . . to declare rights and other legal relations of any interested party petitioning for” such a declaration. OCGA § 9-4-2 (a), (b).

“To state a claim for declaratory judgment," as against a claim that the court lacks jurisdiction for lack of a ripe controversy, "a party need only allege the existence of a justiciable controversy in which future conduct depends on resolution of uncertain legal relations.” City of Atlanta v. Hotels.com, L.P., 285 Ga. 231, 235-236 (674 SE2d 898) (2009) (holding that City stated viable claim for declaratory relief as to applicability of hotel tax ordinance).

Examples

"As the Board's petition demonstrates, the parties in this case have an actual, justiciable controversy: namely, whether and how the Board can, under the 2017 amendment, consider the LIHTCS awarded to Appellants when carrying out its mandatory duty to assess ad valorem property taxes . . . . The legal question . . . has created substantial uncertainty with respect to the parties
 legal rights and legal relations." Heron Lake Apartments v. Lowndes County Board of Tax Assessors, S19a0975 (2019)