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GARVIN v. CITY OF FAYETTEVILLE

No. 9012SC805.

401 S.E.2d 133 (1991)

101 N.C. App. 121

Lee GARVIN and Phil Taylor d/b/a G & T Investments, Plaintiff-Appellants, v. CITY OF FAYETTEVILLE, North Carolina; City Council of the City of Fayetteville; J.L. Dawkins in his official capacity as Mayor of the City of Fayetteville, Mildred Evans, Milo McBryde, Nat Robertson, Jr., Tommy Bolton, Ida Ross, Joseph L. Pillow, Thelbert Torrey, Suzan Cheek, Mark Kendrick, in their official capacity as members of the Fayetteville City Council; John Smith in his official capacity as City Manager of Fayetteville; Ben Watson, Thornton W. Rose, Beth Finch, Albert E. Rummans, Monroe Evans, Thomas Bradford, in their official capacity as members of the Fayetteville Airport Commission; and Tom Ray, in his official capacity as Manager of the Fayetteville Municipal Airport, Defendants-Appellees.

Court of Appeals of North Carolina.

March 5, 1991.

Attorney(s) appearing for the Case

Barrington, Herndon & Raisig, P.A. by Carl A. Barrington, Jr., and Paul J. Raisig, Jr., Fayetteville, for plaintiff-appellants.

Reid, Lewis, Deese & Nance by Marland C. Reid, Fayetteville, for defendants-appellees.

City of Fayetteville by Robert C. Cogswell, Jr., Fayetteville, for defendant-appellee.

HEDRICK, Chief Judge.

We consider only whether the trial court erred in allowing defendants' 12(b)(6) motion dismissing plaintiffs' complaint pursuant to N.C.R.Civ.P. 12(b)(6).

Defendants cite and rely on Williams v. Wallace, 260 N.C. 537, 133 S.E.2d 178 (1963), wherein the Supreme Court affirmed the trial court's order allowing defendant's demurrer on the grounds that the allegations...

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