Farmers Bank of Sunbury v. City of Elizabeth City

HEDRICK, Judge.

The questions presented on this appeal are whether summary judgment for defendant was proper, and whether the court erred in denying plaintiffs’ motion for summary judgment. Summary judgment must be granted, upon motion, “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” G.S. § 1A-1, Rule 56(c). See also Oakley v. Little, 49 N.C. App. 646, 272 S.E. 2d 370 (1980).

The briefs of both…