Reeves Bros. v. Town of Rutherfordton

BOBBITT, Chief Justice.

The question presented by Rutherfordton’s motion was and is whether the allegations of the complaint affirmatively disclose that plaintiff has no claim against Rutherfordton on which relief can be granted. Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161 (1970). In resolving this question, the only facts to be con*563sidered are those alleged by plaintiff. Accepting these facts as true, can Rutherfordton unilaterally repudiate the 1966 agreement and completely disregard it in taxing plaintiff’s properties for 1970 and subsequent years?

The record before us shows no controversy…