Church v. Madison County Board of Education

MARTIN, Judge.

The plaintiff’s complaint was dismissed, pursuant to G.S. 1A-1, Rule 12(b) (6), for failure to state a claim upon which relief could be granted. The sole issue before this Court is whether the trial court erred in dismissing the case under this rule. The defendants contend that dismissal was proper because the trial court did not have jurisdiction to entertain the case until the plaintiff had exhausted all the administrative remedies provided by G.S. 115-142. We agree with this contention.

The General Assembly has enacted an exhaustive statute concerning the employment and…