Land-Of-Sky Regional Council v. County of Henderson

JOHNSON, Judge.

The privotal question we must address is whether plaintiff was entitled to a summary judgment as a matter of law. We conclude that as a matter of law plaintiff was entitled to a summary judgment.

A purpose of G.S. 1A-1, Rule 56, motion for summary judgment is to avoid useless trials when a debtor has chosen to defend rather than default. See Pridgen v. Hughes, 9 N.C. App. 635, 177 S.E. 2d 425 (1970). In pertinent part, G.S. 1A-1, Rule 56(c) provides:

The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file,…