SCHLOSS OUTDOOR ADVER. v. CITY OF CHARLOTTE

No. 8026SC439.

272 S.E.2d 920 (1980)

SCHLOSS OUTDOOR ADVERTISING COMPANY, Plaintiff, v. The CITY OF CHARLOTTE, A Municipal Corporation, Defendant and Third Party Plaintiff, v. GODLEY REALTY COMPANY, Third Party Defendant.

Court of Appeals of North Carolina.

December 16, 1980.


Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Gaston H. Gage, Charlotte, for plaintiff-appellant.

Deputy City. Atty. H. Michael Boyd, Charlotte, for defendant-appellee, City of Charlotte.

Horack, Talley, Pharr & Lowndes by Robert C. Stephens and Thomas J. Ashcraft, Charlotte, for third party defendant-appellee.


CLARK, Judge.

A complaint should not be dismissed under G.S. 1A-1, Rule 12(b)(6), for failure to state a claim unless plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970); Brown v. Brown, 21 N.C. App. 435,

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