Ballinger v. Secretary of the Department of Revenue

MORRIS, Chief Judge.

Plaintiffs’ first assignment of error is that the court erred in allowing defendants’ motion for summary judgment with reference to the issue of whether the order purportedly signed by Howard Coble on 7 January 1977 was, in fact, signed by Howard Coble while he was still Secretary of the North Carolina Department of Revenue. Defendants responded to the complaint filed against them with a verified answer and an affidavit, both of which the court may consider on a summary judgment motion. See Huss v. Huss, 31 N.C. App. 463, 230 S.E. 2d 159 (1976). Defendants’ answer,…