Toussaint v. Ham Ex Rel. Bailey Memorial Hospital

The circuit court granted respondents’ 12(b)(6) 1 motion and dismissed appellants’ challenge to a bond referendum held in Laurens County: We reverse and remand.

A ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint and the motion cannot be sustained if facts alleged and inferences reasonably deducible therefrom would entitle the plaintiff to any relief on any theory of the case. Brown v. Leverette, 291 S. C. 364, 353 S. E. (2d) 697 (1987). See also 5 C. Wright & A. Miller, Federal Practice and Procedure § 1357 (1969) (The…