Garvin v. City of Fayetteville

HEDRICK, Chief Judge.

We consider only whether the trial court erred in allowing defendants’ 12(b)(6) motion dismissing plaintiffs’ complaint pursuant to N.C.R. Civ. P. 12(b)(6).

Defendants cite and rely on Williams v. Wallace, 260 N.C. 537, 133 S.E.2d 178 (1963), wherein the Supreme Court affirmed the trial court’s order allowing defendant’s demurrer on the grounds that the allegations in plaintiff’s complaint were insufficient to state a good cause of action (emphasis added) against the defendant. The cited case and the case now before us, while similar with respect to the facts and…