Forsyth County v. York

VAUGHN, Judge.

A motion for summary judgment shall be granted when the evidence reveals no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Koontz v. City of Winston-Salem, 280 N.C. 513, 186 S.E. 2d 897; Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823. Defendant contends that there were issues of material fact as to whether (1) the property was being used' for business purposes at the time of the enactment of the zoning ordinance on 3 April 1967 and (2) a mobile home was in use on the property at that time. Defendant acquired the…