Kellerblock

This case involving land exchange comes before the' court on defendant’s motion to dismiss on the ground that the petition fails to state a claim upon which relief can be granted. Plaintiff opposes the motion. Since the plaintiff has submitted an affidavit, and defendant has not objected, we shall treat this motion, pursuant to Rule 38(b)(2), as a motion for summary judgment. We conclude that there are no disputed issues of material fact, and hold for the defendant as a matter of law.

Plaintiff owns approximately 198 acres of land located 45 miles northwest of Las Vegas, Nevada. The property…