43.1102 Refusal to hear cause.

Cite as [A.S.C.A. § 43.1102]

The court may refuse to exercise the power granted by this chapter in any case where its declaration or determination is not necessary or proper at the time under all the circumstances.

History: 1967, PL 10-22.

Case Notes:

Under discretionary power, court can only take jurisdiction to extent petitioner’s complaint is cognizable under statute 7.0801 et seq. petitioner selects. Soifele v. Lee, ASR (1977).

Even if an actual controversy exists, a court has the discretion to refuse declaratory relief when, under all the circumstances, it is unnecessary or improper at the time it is sought. A.S.C.A. § 43.1102. Sala v. American Samoa Gov't, 21 A.S.R.2d 50 (1992).