DeLeGal v. Burch

Ellington, Judge.

The Wayne County Superior Court dismissed Fraysee A. DeLeGal’s challenge to a special election on bonded debt finding that DeLeGal’s complaint failed to state a claim. DeLeGal appeals, contending the election was invalid and the results void because the election was held without proper notice. For the following reasons, we affirm.

The trial court may sustain a motion to dismiss for failure to state a claim when(1) the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support…