The “holding” was to dismiss the case for failing to state a claim, parsifal.
What is so hard to grasp about that? I even provided you a cite from the case itself, stating that the sole issue was whether the trial court erred when it dismissed Plaintiffs’ complaint. And further, that the motion to dismiss for failure to state a claim did not test the legal sufficiency of the claim, nor the facts supporting it.
Page 3 of the Ankeny decision. 2nd sentence of the first full paragraph says it TESTS THE LEGAL SUFFICIENCY OF THE CLAIM. Its the facts you don’t contest. The LEGAL merits of the Plaintiff’s, the “Not an NBC” part, has been tested, and it failed.
Again, its a ONE SENTENCE holding for the most part. pretty clear.
parsy