Scheerer v. Fisher

CALABRIA, Judge.

David Scheerer (“Scheerer”) and Mountain Life Realty, LLC (“Mountain Life”) (collectively “plaintiffs”), appeal an order dismissing plaintiffs’ complaint pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) (2007) for failure to state a claim upon which relief could be granted. We reverse.

I. BACKGROUND

According to plaintiffs’ allegations in their amended complaint, in January 2007, Scheerer notified Jack Fisher (“Fisher”), member-manager of Renaissance Ventures, LLC (“Renaissance Ventures”), that developments known as Highland Forest, LLC, and Indian Ridge Preserve, LLC…