Mulberry-Fairplains Water Ass'n, Inc. v. Town of North Wilkesboro

WELLS, Judge.

I

The sole issue presented by defendant’s appeal is whether the trial court erred in granting plaintiffs motion for partial summary judgment.

Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show [1] that there is no genuine issue as to any material fact and [2] that any party is entitled to judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (1990). Appellate review of summary judgment cases focuses on “whether the trial court’s conclusions as to these questions of law…