exclusive.
Any person interested under a deed, will or other instrument of writing, or in a contract,
written or parol; or whose rights are affected by statute, municipal ordinance, or other
government regulation; or who is concerned with any title to property, office, status or
relation; or who as fiduciary, or beneficiary is interested in any estate, provided always
that an actual controversy exists with respect thereto, may apply for and secure a
declaration of his right or duties, even though no consequential or other relief be asked.
The enumeration herein contained does not exclude other instances wherein a declaratory
judgment may be prayed and granted under KRS 418.040, whether such other instance be
of a similar or different character to those so enumerated.
Effective: July 1, 1953
History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C.
sec. 639a-2. --Created 1922 Ky. Acts ch. 83, sec. 2.
Notes of Decisions
Mammoth Med., Inc. v. Bunnell, 265 S.W.3d 205 (Ky. 2008).
· cites it 16× “SKO further contends that the circuit court acted properly within its jurisdiction pursuant to KRS 418.045. SKO asserts that the Kentucky Declaratory Judgment Act ("DJA") is unique and not an adoption of either the Uniform DJA or the Federal DJA.”
Bank One, Kentucky, N.A. v. Murphy, 52 S.W.3d 540 (Ky. 2001).
· cites it 2× “KRS 418.045 contains an extensive list of subjects and transactions upon which declaratory relief is available.”
Stevens v. Stevens, 798 S.W.2d 136 (Ky. 1990).
· cites it 2× “040, KRS 418.045, and CR 57, seeking an order "declaring the rights of the parties under Section II(C)(3) of the Separation and Property Settlement Agreement.”
Jarvis v. Nat'l City, 410 S.W.3d 148 (Ky. 2013).
· cites it 2× “or who as fiduciary, or beneficiary is interested in any estate, provided always that an actual controversy exists with respect thereto, may apply for and secure a declaration of his rights or duties, even though no consequential or other relief be asked.”
Berger Fam. Real Est., LLC v. City of Covington, 464 S.W.3d 160 (Ky. Ct. App. 2015).
· cites it 2× “040 and KRS 418.045 seeking: (1) a declaration that the petition is statutorily invalid and that any ordinance emanating from that petition is likewise invalid; (2) an injunction preventing the City from expending public funds to circulate the petition and/or the City from…”
McElroy v. Taylor, 977 S.W.2d 929 (Ky. 1998).
· cites it 2× “The circuit court also noted that KRS 418.045 specifically removes jurisdiction from the district court by providing that petitions for a declaration of rights may be made in a court of general jurisdiction.”
Commonwealth Bank & Trust Co. v. Young, 361 S.W.3d 344 (Ky. Ct. App. 2012).
“The Court emphasized the purpose of the Declaratory Judgment Act: This is the proper construction and utility of the act as stated by Borchard in the chapter of his authoritative work entitled, ‘Avoiding Peril,’ pp.”
Commonwealth, Dep't of Corr. v. Engle, 302 S.W.3d 60 (Ky. 2010).
“The Perry County Attorney suggests that a declaratory action pursuant to KRS 418.045 is an alternative remedy to the present writ.”
Whitley v. Robertson Cnty., 406 S.W.3d 11 (Ky. 2013).
“11 KRS 418.045 provides that [a]ny person interested under a deed, will or other instrument of writing, or in a contract, written or parol; or whose rights are affected by statute, municipal ordinance, or other government regulation; or who is concerned with any title to…”
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