120

LAWS OF MARYLAND

[Ch. 2

equally precise to the antiquated Norman
term but better "adapted to the genius of
our language". See Black's Dictionary,
Third Edition. The term "minor" is
substituted for "infant". Art. 93A,
§101 (h) defines "minor". The term
"disabled person" is substituted for
"lunatic". Art. 93A, §§ 101 (a) and 201
define "disabled person". The only other
changes made are in style.

SEC. 3-409. DISCRETIONARY RELIEF.
(A) IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION (D), A COURT MAY
GRANT A DECLARATORY JUDGMENT OR DECREE IN A CIVIL
CASE, IF IT HILL SERVE TO TERMINATE THE UNCERTAINTY OR
CONTROVERSY GIVING RISE TO THE PROCEEDING, AND IF:

(1) AN
CONTENDING PARTIES;

ACTUAL CONTROVERSY EXISTS BETWEEN

(2)    ANTAGONISTIC CLAIMS ARE PRESENT
BETWEEN THE PARTIES INVOLVED WHICH INDICATE IMMINENT
AND INEVITABLE LITIGATION; OR

(3)   A PARTY ASSERTS A LEGAL RELATION,
STATUS, RIGHT, OR PRIVILEGE AND THIS IS CHALLENGED OR
DENIED BY AN ADVERSARY PARTY, WHO ALSO HAS OR ASSERTS
A CONCRETE INTEREST IN IT.

(B)

SPECIAL FORM OF REMEDY PROVIDED BY STATUTE.

IF A STATUTE PROVIDES A SPECIAL FORM OF REMEDY
FOR A SPECIFIC TYPE OF CASE, THAT STATUTORY REMEDY
SHALL BE FOLLOWED IN LIEU OF A PROCEEDING UNDER THIS
SUBTITLE.

(C) CONCURRENT
DECLARATORY RELIEF.

REMEDIES

NOT

BAR FOR

A PARTY MAY OBTAIN A DECLARATORY JUDGMENT OR
DECREE NOTWITHSTANDING A CONCURRENT COMMON-LAW,
EQUITABLE, OR EXTRAORDINARY LEGAL REMEDY, WHETHER OR
NOT RECOGNIZED OR REGULATED BY STATUTE.

(D) EXCEPTION.

PROCEEDING BY DECLARATORY JUDGMENT IS NOT
PERMITTED IN ANY CASE IN WHICH DIVORCE OR ANNULMENT OF