Ass'n of Haystack Property Owners, Inc. v. Sprague

This is an appeal by plaintiffs in a certified class action from an order of the Windham Superior Court granting defendants’ motion to dismiss plaintiffs’ amended complaint 1 for failure to state a claim upon which relief may be granted. V.R.C.P. 12(b) (6). We agree with the plaintiffs that, in this case, it was error to dismiss plaintiffs’ claim on the pleadings; accordingly, we reverse.

In reviewing the lower court’s action we must assume the factual allegations in plaintiffs’ complaint are true. Jones v. Keogh, 137 Vt. 562, 563, 409 A.2d 581, 582 (1979). Even as disclosed by the pleadings…