Leonard v. Pugh

HEDRICK, Chief Judge.

Plaintiffs first contend the trial court erred in granting the answering defendants’ motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6). Plaintiffs argue in support of this contention that the allegations in the complaint are sufficient to state a claim to have the easement across their tract extinguished. We agree.

A complaint is deemed sufficient to withstand a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6) where no insurmountable bar to recovery appears on the face of the complaint and the complaint’s allegations give adequate notice of the nature and extent…