W. Va. Code » §55-13-2. Who may have determination and obtain declaration.
West Virginia Code

W. Va. Code § 55-13-2 (2026)

Who may have determination and obtain declaration

✓ current as of May 2026
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ARTICLE 13. UNIFORM DECLARATORY JUDGMENTS ACT.

§55-13-2. Who may have determination and obtain declaration.

Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 1979–2026 · leading case: Findley v. State Farm Mut. Auto. Ins., 576 S.E.2d 807 (W. Va. 2003).
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Findley v. State Farm Mut. Auto. Ins., 576 S.E.2d 807 (W. Va. 2003). · cites it 12× “Findley argues that the circuit court improperly denied her standing to assert her claim when she is a proper party to bring a declaratory judgment action pursuant to W. Va.Code § 55-13-2 (1941) (Repl.Vol.2000).”
McGraw v. Caperton, 446 S.E.2d 921 (W. Va. 1994). · cites it 7× “Code § 55-13-11 make it clear that the Attorney General is not considered to be a “person interested” within the meaning of W.Va.Code § 55-13-2. The term “person” is defined in W.”
State Farm Mut. Auto. Ins. v. Schatken, 737 S.E.2d 229 (W. Va. 2012). · cites it 2× “” W. Va.Code § 55-13-2 (Repl. Vol. 2008). However, this Court has held that “[t]he rights, status, and legal relations of parties to a proceeding under the Uniform Declaratory Judgments Act depend upon facts existing at the time the proceeding is commenced.”
State Ex Rel. Davidson v. Hoke, 532 S.E.2d 50 (W. Va. 2000). · cites it 4× “See also W. Va.Code § 55-13-2 (1941) ("Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have…”
Shobe v. Latimer, 253 S.E.2d 54 (W. Va. 1979). · cites it 2× “To that end W.Va. Code § 55-13-2 [1941] provides: “Any -person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordi *785 nance, contract or…”
Christian v. Sizemore, 383 S.E.2d 810 (W. Va. 1989). · cites it 2× “Standing to bring a declaratory judgment action is conferred by W.Va.Code, 55-13-2, on “[a]ny person interested under a deed, will, written contract, or other writings constituting a contract.”
United Mine Workers of Am. v. Miller, 291 S.E.2d 673 (W. Va. 1982). · cites it 2× “See W.Va.Code § 55-13-2 (1981 Replacement Vol.”
Hicks v. Mani, 736 S.E.2d 9 (W. Va. 2012). · cites it 4× “We recognize that, under the Uniform Declaratory Judgments Act, W. Va.Code § 55-13-2 (1941) (Repl.Vol.2008), a circuit court is granted authority to hear declaratory judgment actions involving the application of statutes and other legal issues.”
Harrison v. Town of Eleanor, 447 S.E.2d 546 (W. Va. 1994). · cites it 2× “municipal ordinance ... may have determined any question of construction or validity arising under the .”
Chesapeake & Ohio Sys. Fed'n v. Hash, 294 S.E.2d 96 (W. Va. 1982). · cites it 2× “W.Va.Code § 55-13-2 provides: Any person interested under a .”
Morgan v. City of Wheeling, 516 S.E.2d 48 (W. Va. 1999). · cites it 2× “Specifically, W.Va.Code § 55-13-2 (1941) states that "[a]ny person .”
City of Bridgeport v. Matheny, 675 S.E.2d 921 (W. Va. 2009). · cites it 4× “Additionally, “[a]ny person ... whose rights, status or other legal relations are affected by a statute .”
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