Town of Atlantic Beach v. Young

COPELAND, Justice.

The plaintiff-appellant, Town of Atlantic Beach, raises one question for consideration by this Court. Did the trial court and the Court of Appeals err in allowing defendant-appellee’s motion for summary judgment while denying plaintiff-appellant’s motion for summary judgment? We believe that the trial court and the Court of Appeals misconstrued the clear meaning of the language of the ordinance in question and summary judgment should have been entered for the plaintiff pursuant to its motion under Rule 56 of the Rules of Civil Procedure.

In affirming the trial court’s…