Legal Opinion
Warren v. New Hanover County Board of Education
Court of Appeals of North Carolina
Decided November 19, 1991No. 915SC8PublishedCited by 2 opinions
1Opinion of the Court
EAGLES, Judge.
On appeal plaintiff contends that the trial court erred in granting defendants’ Rule 12(b)(6) motion to dismiss plaintiffs free speech claims and denying plaintiff the right to appeal the Board’s decision directly to the Superior Court. We agree and reverse the trial court’s order as to the free speech claims and the right to appeal under G.S. 115C-305.
“The only purpose of a Rule 12(b)(6) motion is to test the legal sufficiency of the pleading against which it is directed. . . . ‘The function of a motion to dismiss is to test the law of a claim, not the facts which support it.’…
2Cases cited12 opinions
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- Roth v. United StatesSupreme Court of the United States · 1957
- Gomez v. ToledoSupreme Court of the United States · 1980
- Garrison v. LouisianaSupreme Court of the United States · 1964
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Holland v. HarrisonCourt of Appeals of North Carolina · 2017
- Warren v. NEW HANOVER CTY. BD. OF EDUC.Court of Appeals of North Carolina · 1991