Town of Sparta v. Hamm

LEWIS, Judge.

The North Carolina Rules of Civil Procedure provide that summary judgment will be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, 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.” G.S. Section 1A-1, N.C.R. Civ. P. 56(c). The burden of proof is on the plaintiff to establish the public easement known as Hawthorne Street.

Defendants discussed three possible theories of law:

I: Dedication by Deed

In June of 1956, a conveyance was…