Potter v. Miller

This is an appeal from a judgment of dismissal of a petition seeking review of the action of the State Superintendent of Public Instruction, in sustaining an order of the County Superintendent of Schools of Broadwater County, entered in the district court of Lewis and Clark County, the motion having been made by the respondent.

On a motion to dismiss, it follows as a matter of law that the facts well-pleaded are taken to be true. As stated in Board of Equal. v. Farmers Union Grain Terminal Ass’n, 140 Mont. 523, 531, 374 P.2d 231, 236, “We concede that since the .action was taken on motions to…