A party requests declaratory relief when he is uncertain as to his rights and needs the court to make a determination before he takes action that is contrary to what his rights might be. Under such circumstances, the party presents the issues to the trial court and the trial court declares the respective rights and obligations of the parties based on the evidence presented.
In addition to other relief sought in the Quiet Title Action, Bose, Mommies and FH Partners have sought a determination by Judge Bagley that the Agreement Regarding Development does not bind the Equestrian Center Property. Due to a procedural snafu by counsel for the CRC HOA and Richards, this issue made it before Judge Bagley early in the proceedings and Judge Bagley has decided in the issue in favor of Bose, Mommies and FH Partners.
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