Rowe v. Franklin County

PARKER, Judge.

On a motion for summary judgment, the moving party bears the burden of proving: (i) there is no genuine issue of material fact and (ii) that he is entitled to judgment as a matter of law. Smith v. Smith, 65 N.C. App. 139, 308 S.E. 2d 504 (1983). Appellant contends that a genuine issue of material fact remained to be decided; i.e., whether the Trustees had the authority to enter into a long-term contract with appellant on 15 June 1983. However, the answer to this question involves an issue of statutory interpretation, which is a question of law for the court to decide. See, e.g.,…