Schmitt v. Jackson County

RUFFIN, Presiding Judge.

This is a zoning case in which the Jackson County Board of Commissioners approved Clay Dale’s application to rezone certain land in Jackson County. Roy Schmitt and Tina Russano appealed the rezoning decision to the superior court and sought a declaratory judgment that the decision was null and void. Following a hearing, the superior court granted Dale’s motion for summary judgment, 1 and Schmitt and Russano now appeal to this Court. For reasons that follow, we affirm.

Summary judgment is appropriate where the evidence of record “show[s] that there is no genuine issue as…