MILNER HOTELS, INCORPORATED v. City of Raleigh

-The City demurred for that the complaint fails to state a cause of action against the City of Raleigh in that there are not sufficient allegations in the complaint to show that the City of Raleigh had any legal duty to perform any of the acts which the complaint alleges that the City failed to perform.

“On a demurrer we consider only the sufficiency of the allegations set forth in the complaint. For the purpose of the de murrer the allegations are taken to be true. A demurrer cannot be sustained to a complaint if in any portion or to any extent it presents a cause of action, or if sufficient…