Lewis v. White

LAKE, Justice.

A motion to dismiss for failure to state a claim upon which relief can be granted, like the common law general demurrer, admits, for the purpose of the motion, the well-pleaded material allegations of the complaint, but it does not admit the plaintiff’s conclusions of law, such as his interpretation of statutory provisions. Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161.

Deferring, momentarily, consideration of the defendants’ claim of sovereign immunity to suit, we consider first the conclusions of the Superior Court that in Claims 3 to 10, inclusive, the complaint fails to state…