Court of Appeals of North Carolina June 16, 1998, COA97-77 (Derwort v. Polk County)

JOHN, Judge.

Defendant Polk County (the County) appeals denial of its motion to dismiss plaintiffs’ claims pursuant to N.C.R. Civ. P. 12(b)(6) (Rule 12(b)(6)). We reverse the trial court.

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Procedural history and pertinent facts as alleged by plaintiffs are as follows: Plaintiffs George H. Derwort and J.