Meachan v. Montgomery County Board of Education

PARKER, Judge.

The propriety of a summary judgment in an action for a declaratory judgment is governed by the same rules applicable to other actions. Blades v. City of Raleigh, 280 N.C. 531, 187 S.E. 2d 35 (1972). Thus, the question presented on this appeal is whether defendant, the moving party, has demonstrated that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. Pitts v. Pizza, Inc., 296 N.C. 81, 249 S.E. 2d 375 (1978).

Resolution of this question in the present case depends upon the legal effect of plaintiffs election to…