Gerrard v. Board of Election Commissioners

PUDLOWSKI, Judge.

This is an appeal from the dismissal of an election contest and an award of attorney’s fees to respondent, City of Creve Coeur. We affirm in part and reverse in part.

In considering a motion to dismiss for failure to state a claim upon which relief can be granted, the appellate court gives the petition its broadest intendment in treating all alleged facts as true; the court construes all allegations favorably to plaintiff in determining whether the pleading invokes principles of substantive law and informs defendant of what plaintiff will attempt to establish at trial.…