Appalachian Outdoor Advertising Co. v. Town of Boone

ORR, Judge.

The sole issue on appeal is whether the trial court erred in granting summary judgment in defendant’s favor. For the following reasons, we hold that the trial court did not err and affirm its judgment of 2 August 1990.

Under N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990), a motion for summary judgment may be granted “if the pleadings, depositions, . . ., together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” A defending party is entitled to summary judgment if he can show that a…