Boesche v. Raleigh-Durham Airport Authority, 336 N.C. 304 (1994)

May 6, 1994 · Supreme Court of North Carolina · No. 353PA93

336 N.C. 304

WILLIAM DWIGHT BOESCHE, Plaintiff v. RALEIGH-DURHAM AIRPORT AUTHORITY; BERT COLLINS, in his official capacity as Airport Authority Chairman; JOHN C. BRANTLEY, in his official capacity as Airport Director; JOHN C. BRANTLEY, in his individual capacity; NEDRA FARRAR-LUTEN, in her official capacity as Airport Personnel Manager; NEDRA FARRAR-LUTEN, in her individual capacity; ANDREW T. OWENS, in his official capacity as Airport Maintenance Manager; ANDREW T. OWENS, in his individual capacity, Defendants

No. 353PA93

(Filed 6 May 1994)

On plaintiff’s appeal pursuant to N.C.G.S. § 7A-30(1) and petition for discretionary review pursuant to N.C.G.S. § 7A-31 from a decision of the Court of Appeals, 111 N.C. App. 149, 432 S.E.2d 137 (1993), affirming an order entered by Judge Hobgood at the 24 October 1991 Session of Superior Court, Orange County, allowing defendants’ Rule 12(b)6) motion to dismiss for failure to state a claim. Heard in the Supreme Court 17 March 1994.

Loftin & Loftin, by John D. Loftin; and Walter H. Bennett, Jr., for plaintiff-appellant.

Newsom, Graham, Hedrick, Kennon & Cheek, P.A., by Lewis A. Cheek,, Joel M. Craig, and John R. Long, for defendantappellees.

PER CURIAM.

After considering the record and new briefs and hearing oral argument, the Court concludes that plaintiff’s petition for discretionary review was improvidently allowed. The Court further concludes that it should reconsider its earlier order denying defendants’ motion to dismiss the appeal. Upon reconsideration, the Court determines that defendants’ motion to dismiss plaintiff’s appeal should be allowed.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S APPEAL ALLOWED.