Collins v. Vernon

SWOFFORD, Judge.

This is an appeal from a judgment wherein the court below sustained defendants’ motion to dismiss plaintiffs’ Second Amended Petition for failure to state a cause of action. Plaintiffs did not plead further and therefore the pertinent record before us on appeal consists solely of the Second Amended Petition and the defendants’ Separate Motion to Dismiss. 1

The following facts appear from the record:

The defendant, City Council of Eldon, a fourth class city, passed an ordinance which authorized the sale of approximately ten (10) acres of land, which had been used as an airport…