North Carolina Ex Rel. Horne v. Chafin

VAUGHN, Chief Judge.

The sole question is whether the trial court erred in granting defendants’ motions for summary judgment. Summary judgment shall be rendered 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). Since the facts are not at issue, the only question is whether defendants are entitled to a judgment as a matter of law.

Plaintiff argues that the expenditure of public…