Fanning v. City of Laramie

This appeal is from summary judgment rendered in favor of the defendant-City upon its motion supported by affidavits and exhibits, to dismiss plaintiffs amended complaint. However, neither the motion, the affidavits, nor the exhibits challenged or controverted any allegation of plaintiffs amended complaint. They showed only that plaintiff had not taken an appeal from the rejection by the City of her claim for damages as provided by § 15-323, W.S. 1957. Under such circumstances, the allegations of fact of plaintiffs amended complaint must be taken as true. A sufficient summary of those allegations are as follows.