Savard v. Selby

DONOFRIO, Presiding Judge.

This appeal is principally from the trial court’s order granting separate motions to dismiss plaintiffs-appellants’ complaint for failure to state a claim for relief.

The crucial question for determination is whether the plaintiffs have stated a claim for relief in their complaint. In deciding that plaintiffs have not stated a claim for relief, we need not determine the other issues raised.

In considering whether a motion to dismiss for failure to state a claim upon which relief was properly granted, the Court of Appeals presumes that the facts alleged in the complaint…