Schwarz & Schwarz, LLC v. Caldwell County Railroad

BRYANT, Judge.

Schwarz & Schwarz, LLC (plaintiff) appeals from an order granting summary judgment in favor of Caldwell County Railroad Company (defendant) and Caldwell County Economic Development Commission, Inc. (Caldwell County EDC). We affirm.

Facts

In 2001, plaintiff purchased a fee simple interest in a 43.5 acre parcel of land from Singer Furniture Company, a furniture manufacturing company that operated its business on the site from the 1940’s until the 1990’s. Plaintiff leases the facility to commercial tenants who use the facility for manufacturing or storage purposes.

Defendant Caldwell…