(b) An action or proceeding may not be open to objection on the ground that a declaratory judgment or decree is prayed for. An action or proceeding may not be open to objection on the ground that a declaratory judgment or decree is prayed for.Declaratory judgments are an important tool in litigation. Declaratory judgment actions must be ripe. They must allege a concrete controversy, not an academic dispute. Without a statutory right of action, Landowners lack a legally protectible interest in the controversy, see id. Judgment constituted a declaratory judgment and that the small claims court was without jurisdiction to render such a judgment. Stommel, however, asserts that her declaratory judgment cause of action is a separate action allowed under Utah statute. Stommel seeks a declaration from the. 2011) (holding that a district court lacked jurisdiction over a declaratory judgment action where "there was no actual controversy between.