North Carolina Ex Rel. Horne v. Chafin

309 S.E.2d 239, 309 N.C. 813, 1983 N.C. LEXIS 1464

• Court: Supreme Court of North Carolina
• Decided: December 6, 1983
• Docket: 304PA83
• Status: Published

Opinion

PER CURIAM.

The plaintiff brought this action against the defendants alleging that they illegally used tax funds to pay for a reception for members of the General Assembly and others. The plaintiff contends that these funds were used for the purpose of lobbying members of the General Assembly in an effort to induce them to pass legislation affecting the City of Charlotte and Mecklenburg County which legislation was contrary to the plaintiffs beliefs.

The defendants, city council and chamber of commerce members, filed motions under Rule 12(b)(6) to dismiss for failure to state a claim for relief. The plaintiff and the defendant county commissioners filed motions for summary judgment. After considering all materials filed during discovery and the arguments of counsel, the trial court treated the motions to dismiss under Rule 12(b)(6) as motions for summary judgment and granted summary judgment in favor of all of the defendants. The Court of Appeals affirmed.

It is not necessary that this Court consider or pass upon each of the statements contained in the opinion of the Court of Appeals in order to affirm the result reached therein. The holding of the Court of Appeals affirming summary judgment for the defendants by the trial court is

Affirmed.