White v. Town of Emerald Isle

WHICHARD, Judge.

Plaintiffs contend the court erred in granting summary judgment in favor of defendant-Town. Specifically, they contend that the restrictive covenants to which defendant-Town’s property in Block Two is subject prohibit its use as a municipal parking lot with a ramp providing beach access. Accordingly, they contend that the court should have granted summary judgment in their favor. We hold that the court properly entered summary judgment for defendant-Town.

In general, a defendant

[i]s entitled to summary judgment only if he can produce a forecast of evidence, which, when viewed…