HOUSING AUTHORITY, ETC. v. MONTGOMERY

No. 8110SC879.

286 S.E.2d 114 (1982)

In re: The HOUSING AUTHORITY OF the CITY OF RALEIGH, N.C., Low-Rent Public Housing Project NC 2-14 v. Beulah C. MONTGOMERY, Pauline J. Holt and All Persons Having Any Interest In or Lien Upon The Property Described Herein.

Court of Appeals of North Carolina.

January 19, 1982.


Attorney(s) appearing for the Case

Allen, Steed & Allen by Thomas W. Steed, Jr., William D. Dannelly, and Ann Hogue Pappas, Raleigh, for petitioner-appellee.

Weaver & Montgomery by John R. Montgomery and G. Earl Weaver, Garner, for respondent-appellant.


HARRY C. MARTIN, Judge.

The respondent presents two questions for our determination. First, she contends that the trial court erred in determining, for summary judgment purposes, that no genuine issue of any material fact existed.

Under Rule 56 of the North Carolina Rules of Civil Procedure, summary judgment is proper when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there...

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