Overstreet v. City of Raleigh

EAGLES, Judge.

The issue on appeal is whether the trial court properly granted summary judgment, barring plaintiffs’ action to quiet title as a matter of law. We find no error.

Summary judgment is proper when there is no genuine issue as to any material fact. G.S. 1A-1, Rule 56(c). It is a drastic remedy, not to be granted “unless it is perfectly clear that no issue of fact is involved and inquiry into the facts is not desirable to clarify the application of the law.” Dendy v. Watkins, 288 N.C. 447, 452, 219 S.E. 2d 214, 217 (1975). The burden is on the moving party to establish the lack of any…