Poynter v. Johnston

The principal issue in this case is whether there is a genuine issue of material fact regarding the issue of acceptance of the road as a public road which would preclude the granting of a motion for summary judgment. The trial court, the Honorable John G. Bartholomew, granted a motion for summary judgment brought by the town and its officers. The court of appeals affirmed. We find there is sufficient conflict of evidence to conclude that the trial court improperly granted the motion for summary judgment. We reverse.

The motion for summary judgment was brought by the third-party defendants…