Goforth Properties, Inc. v. Town of Chapel Hill

WELLS, Judge.

Summary judgment is properly granted where the moving party establishes a complete defense as a matter of law. Ballinger v. Secretary of Revenue, 59 N.C. App. 508, 296 S.E. 2d 836 (1982), cert. denied, 307 N.C. 576, 299 S.E. 2d 645 (1983). Since the record conclusively shows that plaintiffs are estopped to deny the validity of the Town’s ordinances, summary judgment was properly granted against them on their statutory and constitutional challenges to the ordinances.

It is well established that the acceptance of benefits under a statute or ordinance precludes an attack upon it.…