Rockingham Square Shopping Center, Inc. v. Town of Madison

PARKER, Judge.

Upon its motion for summary judgment on plaintiff’s cause of action, defendant town had the burden of showing that there was no triable issue of fact, and that it was entitled to judgment as a matter of law. Pitts v. Pizza, Inc., 296 N.C. 81, 249 S.E. 2d 375 (1978); Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971). Because plaintiff’s complaint on its face discloses that no cause of action exists, summary judgment for defendant was properly granted in the present case. McNair v. Boyette, 282 N.C. 230, 192 S.E. 2d 457 (1972).

The basis of the action here at issue…