Batch v. Town of Chapel Hill

ARNOLD, Judge.

Summary judgment granted by the trial court recognized plaintiffs claims for violation of due process, taking, temporary taking, town action which exceeded statutory authority, inverse condemnation, and damages under 42 U.S.C. §§ 1983, 1988. Issues for decision by this Court are whether the trial court properly entertained the motion for summary judgment and, if so, whether it determined correctly that there existed no genuine issue as to any material fact and that the plaintiff was entitled to judgment as a matter of law.

Procedure

As an initial matter it is necessary to resolve…