Mon, 05/26/2008 - 22:55 — DLG
The State has filed a motion to dismiss the above-captioned equity action for failure to state a claim. The plaintiffs object to this motion and have filed a motion for summary judgment. The State concedes that there are no issues of material fact in dispute, but asserts that if the Court does 'not dismiss this action, summary judgment should be entered for the State, not the plaintiffs. A hearing on this matter was held on January 2, 1992. The undisputed facts are as follows: