H.E.P. Development Group, Inc. v. Nelson

CLIFFORD, Justice.

Plaintiff H.E.P. Development Group, Inc. (HEP) appeals from summary judgment entered in the Superior Court (Androscoggin County, Alexander, J.) in favor of defendants Mark and Susan Nelson. HEP contends that the court's judgment was the equivalent of a dismissal for failure to state a claim, and was erroneous because the complaint alleged facts sufficient to resist a summary judgment motion. We conclude that the court properly treated the motion as one for summary judgment and committed no error in granting the motion.

In December 1987, the Nelsons sold approximately 114…