Otterness v. City of Waldport

Plaintiffs appeal a judgment dismissing their complaint for failure to state a claim. We affirm.

In reviewing a dismissal for failure to state a claim, “we consider as true the facts alleged and all reasonable inferences that may be drawn therefrom,” Glubka v. Long, 115 Or App 236, 238, 837 P2d 553 (1992), and ignore allegations that contain mere conclusions of law. Porter v. Hill, 314 Or 86, 97, 838 P2d 45 (1992); Messmer v. Carter/Bonded Credit Co., 282 Or 323, 326, 578 P2d 788 (1978).

Plaintiffs’ amended complaint alleges:

“2. * * * At all material times, Defendant had duties under the laws…