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NORTH CAROLINA EX REL. HORNE v. CHAFIN

No. 8226SC463.

302 S.E.2d 281 (1983)

NORTH CAROLINA ex rel. Charles E. HORNE, Individually, and upon behalf of all others similarly situated, for the benefit of the City of Charlotte and the County of Mecklenburg, North Carolina v. Betty CHAFIN, Harvey Gantt, Milton Short, Pat Locke, Don Carroll, Charles Danelly, Ron Leeper, Dr. Laura Frech, Minette Trosch, George Selden, Thomas Cox, Jr., Individually, and as Members of the Charlotte City Council, Kenneth R. Harris, Individually, and as Mayor of the City of Charlotte, Edwin H. Peacock, Ann Thomas, Elisabeth Hair, W. Thomas Ray, Individually, and as Members of the Board of County Commissioners of the County of Mecklenburg, the Charlotte Chamber of Commerce, a Corporation.

Court of Appeals of North Carolina.

May 3, 1983.

Attorney(s) appearing for the Case

Hugh Joseph Beard, Jr., Washington, D.C., for plaintiff-appellant.

City Atty. Henry W. Underhill, Jr., Charlotte, for defendant-appellee, Charlotte City Council.

Frank B. Aycock III, Charlotte, for defendants-appellees, City Council members, Chafin, Gantt, Short, Locke, Carroll, Danelly, Leeper, Frech, Trosch, Selden, Cox and Harris.

Ruff, Bond, Cobb, Wade & McNair by James O. Cobb, Charlotte, for defendants-appellees, County Com'rs Hair, Peacock, Ray and Thomas.

Helms, Mulliss & Johnston by Robert B. Cordle, Charlotte, for defendant-appellee, Charlotte Chamber of Commerce.

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...

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