In re Election Contest of Democratic Primary Election

Durkin asserts that the common pleas court erred in dismissing his election contest. The common pleas court concluded that Durkin’s complaint failed to state a claim upon which relief can be granted. In order to dismiss Durkin’s complaint for failure to state a claim upon which relief can be granted, it must have appeared beyond doubt that Durkin could prove no set of facts warranting relief, after all factual allegations of his amended complaint were presumed true and all reasonable inferences were made in Durkin’s favor. State ex rel. Cuyahoga Cty. v. State Personnel Bd. of Review (1998),…