Powell v. County of Haywood

BROCK, Judge.

The facts in this case are so nearly identical to those in J. T. Powell and wife, Essie Powell v. Town of Canton (No. 7230SC264) that the same principles of law are applicable to both cases. The Town of Canton case was argued jointly with this case and an opinion therein, reaching the same result, is being filed contemporaneously with the filing of this opinion.

Plaintiffs contend that the trial judge erred in ruling that the complaint failed to state a claim upon which relief can be granted. A complaint may be dismissed on motion filed under Rule 12(b) (6) where it pleads facts…