MOORE v. WYKLE

No. 9128SC250.

419 S.E.2d 164 (1992)

107 N.C. App. 120

Billy L. MOORE, W. John Lordeon, David C. Bailey, and Bobby D. Corn, Plaintiffs, v. Charles WYKLE, Scott Harrower, Wendell Begley, Grace Brazil, T.G. Deweese, Vernon Dover, William Warren, Individually and in their official capacities as members or former members of The Buncombe County Board of Education, V.E. Yarbrough, Individually and in his official capacity as Superintendent of Buncombe County Schools, the Buncombe County Board of Education, Gene Rainey, Jesse Ledbetter, Tom Sobol, Doris Giezentanner, Bill Stanley, Individually and in their official capacities as Buncombe County Commissioners, the Buncombe County Board of Commissioners, Defendants.

Court of Appeals of North Carolina.

August 4, 1992.


Attorney(s) appearing for the Case

Lindsay and True by Stephen P. Lindsay and William H. Leslie, Asheville, for plaintiffs-appellants.

Roberts Stevens & Cogburn, P.A. by Gwynn G. Radeker and Walter L. Currie, Asheville, and Womble Carlyle Sandridge & Rice by Jim D. Cooley and G. Michael Barnhill, Charlotte, for defendant-appellees Wykle, Harrower, Begley, Brazil, Deweese, Dover, Warren, Yarbrough and The Buncombe County Bd. of Educ.

Joe A. Connolly, County Atty., Asheville, for defendant-appellees Rainey, Ledbetter, Sobol, Giezentanner, Stanley and The Buncombe County Bd. of Com'rs.


PARKER, Judge.

Plaintiffs appeal from an order of partial dismissal pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. We affirm.

Plaintiffs' complaint, filed 19 October 1990, alleged in substance that defendants made unauthorized and unwarranted diversions of school bond proceeds to purposes other than those authorized by the official order of defendant Buncombe County Board of Commissioners ("Board of Commissioners") for a bond referendum...

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