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STEPHENSON v. TOWN OF GARNER

No. COA99-43.

524 S.E.2d 608 (2000)

W. Carroll STEPHENSON, Jr., Plaintiff, v. TOWN OF GARNER, a Municipal Corporation, Ronnie Williams, Jackie Johns, Sr., and John Adams, Defendants.

Court of Appeals of North Carolina.

February 1, 2000.

Attorney(s) appearing for the Case

Armstrong & Armstrong, P.A., by L. Lamar Armstrong, Jr., Smithfield, for plaintiff-appellant.

Hedrick, Eatman, Gardner & Kincheloe, L.L.P., by Edward L. Eatman, Jr. and Holly L. Saunders, Charlotte, for defendant-appellees.

EAGLES, Chief Judge.

In reviewing the trial court's dismissal of Stephenson's claims under Rules 12(b)(6) or 12(c), we evaluate all facts alleged and permissible inferences therefrom in the light most favorable to Stephenson. Shuford, N.C. Practice and Procedure, §§ 12-8, 12-10. If the facts as alleged by the plaintiff do not either (1) give rise to any claim upon which relief may be granted, Shuford, § 12-8, citing Andrews v. Elliot,

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