Lathan v. Union County Board of Commissioners

MARTIN (Harry C.), Judge.

Appellants assign as error the trial court’s entering summary judgment on behalf of plaintiff and denying appellants’ motion for summary judgment. The court granted judgment in favor of plaintiff “as a matter of law in that the property described in the petition was spot zoned by the defendant, Union County Board of Commissioners.”

There is no controversy as to the facts disclosed by the evidence in this case. The only controversy involves the legal significance of the facts; therefore, this action is a proper case for summary judgment. See Blades v. City of Raleigh,…