Moore v. Wykle

PARKER, Judge.

Plaintiffs appeal from an order of partial dismissal pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. We affirm.

Plaintiffs’ complaint, filed 19 October 1990, alleged in substance that defendants made unauthorized and unwarranted diversions of school bond proceeds to purposes other than those authorized by the official order of defendant Buncombe County Board of Commissioners (“Board of Commissioners”) for a bond referendum approved by voters 22 September 1987. Relief prayed for included (i) a writ of mandamus requiring defendants to fulfill their legal…