Allan Miles Companies v. North Carolina Department of Transportation

HILL, Judge.

The sole question presented on appeal is whether the trial court erred in granting summary judgment for defendant. Resolution of this issue involves determination of (1) whether the parties’ contractual dispute created a genuine issue of material fact, and (2) whether plaintiffs’ claim was barred by statute and operation of law. Because it clearly appears G.S. 136-29 operates to bar plaintiffs’ claim, we conclude defendant was entitled to summary judgment as a matter of law.(1) The contract. Plaintiffs Allan D. Miles and his wife, Wanda M. Miles, are the record owners of a tract…