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CAPPS v. CITY OF RALEIGH

No. 7710SC90.

241 S.E.2d 527 (1978)

35 N.C. App. 290

J. Russell CAPPS, Kenneth R. Moser, Maurice S. Toler, Morris Goldber, George T. Morris, Mrs. Lester M. Greene, Jr., Mrs. Thomas W. Linder, Phillip L. Smith, J. M. Allen, Jr., Mrs. Earl R. Parker, Phillip Bunn, C. P. Helms, Wilber M. Efird, W. H. Mims, Ernest C. Braswell, Robert E. Beck, Janet S. Beck, Jean M. White, Joe P. Harris, Harry C. Lyon, Mrs. Willie H. Cooke, Mrs. W. F. Cranfill, Warner N. Allen, Bruce W. Miller, Earl Edwards and B. L. Foil, Plaintiffs, v. The CITY OF RALEIGH, Defendant, v. SUMMIT RIDGE, INC., John W. Thedieck, Jr., Dan C. Austin, and Housing Authority of the City of Raleigh, Intervenor-Defendants.

Court of Appeals of North Carolina.

February 21, 1978.

Attorney(s) appearing for the Case

Teague, Johnson, Patterson, Dilthey & Clay by Robert M. Clay and Robert W. Sumner, Raleigh, for plaintiffs-appellants.

Thomas A. McCormick, Jr., Raleigh, for defendant-appellee, City of Raleigh.

Boyce, Mitchell, Burns & Smith by Eugene Boyce, Raleigh, for defendants-appellees, Summit Ridge, Inc., Dan C. Austin, and John W. Thedieck, Jr.

Allen, Steed & Allen by D. James Jones, Jr., Raleigh, for defendant-appellee, Housing Authority of the City of Raleigh.

MORRIS, Judge.

At the outset we feel compelled again to point out that it is not a part of the function of the court on a motion for summary judgment to make findings of fact and conclusions of law. "As we have pointed out on previous occasions, finding the facts in a judgment entered on a motion for summary judgment presupposes that the facts are in dispute. `. . . [T]he Supreme Court and this Court have emphasized in numerous opinions that upon a motion for summary...

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