Hearne v. Statesville Lodge No. 687

McCullough, judge.

On 2 September 1999, plaintiff Jimmy Hearne and his wife, Tammy Hearne, filed suit against the Statesville Lodge No. 687, Loyal Order of Moose, Inc. (Statesville), and realtor Gary Smith, alleging that defendants willfully and wantonly misrepresented to plaintiffs that the septic system located on property owned by Statesville and sold to plaintiffs was adequate for plaintiffs’ envisioned development purposes. The trial court subsequently granted defendant Smith’s motion for summary judgment, from which plaintiffs now appeal.

Summary judgment is appropriate where there is no…