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WHITE v. UNION COUNTY

No. 8820SC671.

377 S.E.2d 93 (1989)

Margaret WHITE and Leona Blount Helms, Appellants, v. UNION COUNTY and Union County Zoning Board Of Adjustment, Appellees.

Court of Appeals of North Carolina.

March 7, 1989.

Attorney(s) appearing for the Case

Legal Services of Southern Piedmont, Inc. by Thomas W. Brudney, Gastonia, and Theodore O. Fillette, Charlotte, for petitioners-appellants.

Griffin, Caldwell, Helder & Steelman by Thomas J. Caldwell, and Love & Milliken by John R. Milliken, Monroe, for respondents-appellees.

ARNOLD, Judge.

Plaintiff contends that the trial court erred in allowing defendant's motion to dismiss for failure to state a claim pursuant to N.C.R.Civ.P. 12(b)(6) and in failing to allow plaintiff's motion to amend her complaint pursuant to N.C.R.Civ.P. 15(a). We agree.

A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint. Sutton v. Duke, 277 N.C. 94, 176 S...

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