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DeLeGal v. Burch

A voter's challenge to a special bond election based on a scrivener's error in one of five legal notices failed to state a claim.

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The Wayne County Superior Court dismissed Fraysee A. DeLeGal’s challenge to a special election on bonded debt finding that DeLeGal’s complaint failed to state a claim. DeLeGal appeals, contending the election was invalid and the results void because the election was held without proper notice.1 For the following reasons, we affirm. The trial court may sustain a motion to dismiss for failure to state a claim when 1 the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof, and 2 the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief sought. Footnote omitted. Bakhtiarnejad v. Cox Enterp. , 247 Ga. App. 205, 207-208 1 541 SE2d 33 2000. “In deciding a motion to dismiss, all pleadings are to be construed most favorably to the party who filed them, and all doubts regarding such pleadings must be resolved in the filing party’s favor.” Id. at 208. Our review of the undisputed facts and of the trial court’s application of the law to those facts is de novo. Sidwell v. Sidwell , 237 Ga. App. 716, 717 1 515 SE2d 634 1999. So viewed, the record reveals the following.

On July 12, 2004, the Board of Commissioners of Wayne County adopted a resolution calling for a bond election to be held in Wayne County on September 21, 2004. On September 21, the county’s electorate voted on the question of whether the county shall issue general obligation bonds for the purpose of funding hospital construction. The voters approved the bond issue by a vote of 1752 to 1553.

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