Watauga County Board of Education v. Town of Boone

JOHNSON, Judge.

Plaintiff first contends that the trial court erred in granting defendant’s motion for summary judgment. Plaintiff advances two legal theories in support of its position: (a) the agreement is an enforceable contract and Boone’s withdrawal from the agreement with no prior notice is a breach of contract, and (b) Boone is estopped on equitable principles from discontinuing its payments without prior notice.

Summary judgment is proper when there is no genuine issue of material fact and either party is entitled to judgment as a matter of law. Kessing v. Mortgage Corp., 278 N.C. 523,…