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WARREN v. NEW HANOVER CTY. BD. OF EDUC.

No. 915SC8.

410 S.E.2d 232 (1991)

104 N.C. App. 522

James R. WARREN, Plaintiff-Appellant v. NEW HANOVER COUNTY BOARD OF EDUCATION, Jeremiah Partrick, in his official capacity as a member of the New Hanover Board of Education, Carl Unsicker, in his official capacity as a member of the New Hanover Board of Education, Lucille T. Shaffer, in her official capacity as a member of the New Hanover Board of Education, and Ann King, in her official capacity as a member of the New Hanover Board of Education, and Ralph Davis, Defendant-Appellees and North Carolina State Board of Education Defendant-Intervenor-Appellee.

Court of Appeals of North Carolina.

November 19, 1991.

Attorney(s) appearing for the Case

Ferguson, Stein, Watt, Wallas, Adkins and Gresham, P.A. by Thomas M. Stern, Chapel Hill, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by James R. Morgan Jr., Winston-Salem and Hogue, Hill, Jones, Nash & Lynch by William L. Hill, II, Wilmington, for defendants-appellees.

Attorney Gen. Lacy H. Thornburg by Asst. Atty. Gen. Laura E. Crumpler, Raleigh, for defendant-intervenor-appellee.

EAGLES, Judge.

On appeal plaintiff contends that the trial court erred in granting defendants' Rule 12(b)(6) motion to dismiss plaintiff's free speech claims and denying plaintiff the right to appeal the Board's decision directly to the Superior Court. We agree and reverse the trial court's order as to the free speech claims and the right to appeal under G.S. 115C-305.

"The only purpose of a Rule 12(b)(6) motion is to test the legal sufficiency of the pleading...

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