HANSON v. FEDERAL DEPOSIT INSURANCE CORPORATION, 81 Or. App. 516 (1986)

726 P.2d 409

HANSON, Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Respondent.

85-1130; CA A37097Oregon Court of Appeals.Argued and submitted April 21, 1986
Reversed and remanded October 8, 1986

Appeal from Circuit Court, Coos County.

Richard L. Barron, Judge.

Nancy A. Borneman, Coos Bay, argued the cause for appellant. With her on the brief was Rossi Borneman, Coos Bay.

Lynne W. McNutt, Coos Bay, argued the cause for respondent. With her on the brief was McNutt, McNutt Thrush, Coos Bay.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.

PER CURIAM

Reversed and remanded.

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PER CURIAM

Plaintiff brought this action for a declaratory judgment, ORS 28.010, seeking a declaration that a judgment lien is invalid. Defendant moved for dismissal of the complaint on the ground that it does not state a cause of action. The trial court granted the motion and plaintiff appeals.

A complaint for declaratory relief may not be dismissed for failure to state a claim if it states a justiciable controversy. Reynolds v. State Board of Naturopathic Exam., 80 Or. App. 438, 722 P.2d 739 (1986) Aetna Casualty v. Smith, 81 Or. App. 384, 725 P.2d 611 (1986). The complaint states a justiciable controversy, and it was error to dismiss it.

Reversed and remanded.

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