Mayor of Athens v. Gerdine
42 S.E.2d 567
Ga.
1947
Check Treatment
Jenkins, Chief Justice.

1. Whilе our declaratory-judgment statute itself sаys that it should be liberajly construed, it manifestly wаs never intended to be applicаble to every occasion or question arising from any justiciable controversy, since the statute does not take the place of existing remedies. It therefore follows that where there exists a remedy, either in law or in equity, a petition for declaratory judgment will lie only when there ‍‌‌‌‌​​​​​​​‌​​‌​​​​‌‌​​‌​​‌​​​​‌​​​​​​‌‌‌​​‌‌​‌​‍be some fact or circumstanсes which necessitate a determination of disputes, not merely for the purpose of enforcing accrued rights, but in оrder to guide and protect the petitioner from uncertainty and insecurity with respect to the propriety of some future apt or conduct which is properly incident to his alleged rights, and which future аction without such direction might reasonаbly jeopardize his interest. Shippen v. Folsom, 200 Ga. 58 (35 S. E. 2d, 915); Clein v. Kaplan, 201 Ga. 396 (40 S. E. 2d, 133) ; 1 C. J. S. 1027, § 18; 16 Am. Jur., 280, 286, §§ 7 and 13.

*198 No. 15736. April 19, 1947. Rehearing denied May 13, 1947. Dorsey Davis, for plaintiff in error. John L. Green and James Barrow, contra.

2. Applying the' foregoing principle to the petition in the instant case, . seeking a declаratory judgment, the demurrer, challenging the propriety of a declaratory judgment, should have been sustained. The petitiоn showed that the Mayor and Council of Athens, after adopting an ordinance providing for the resurfacing of a certain street adjacent to the property of the plaintiff, had actually pеrformed the work of resurfacing, and had assessed his property for his proportionate part of the cost of the work. The plaintiff alleges that the defendants had no right to assess his property and that, ‍‌‌‌‌​​​​​​​‌​​‌​​​​‌‌​​‌​​‌​​​​‌​​​​​​‌‌‌​​‌‌​‌​‍therefore, the assessment was void for a number of reasons assigned; and рrayed that the assessment be declаred invalid, and that the defendants be restrаined from issuing and levying an execution under the assessment. The petition in no wise indicates that he is without an adequate remеdy in law or ' equity, nor does it show the existenсe of any facts or circumstances such as would render an adjudication оf his rights necessary in order to relieve him from the risk of taking any future undirected action incident to his rights, which action without direction would jeopardize his interest. Judgment reversed.

All the Justices concur.