APPALACHIAN OUTDOOR AD. CO. INC. v. BOONE

No. 9024SC1139.

406 S.E.2d 297 (1991)

103 N.C. App. 504

APPALACHIAN OUTDOOR ADVERTISING COMPANY, INC., v. TOWN OF BOONE.

Court of Appeals of North Carolina.

July 16, 1991.


Attorney(s) appearing for the Case

Flaherty, Robbins, Swanson & Hartshorn, P.A. by Ed Hartshorn, III, Lenoir, for plaintiff-appellant.

Paletta & Hedrick by David R. Paletta, Boone, for defendant-appellee.


ORR, Judge.

The sole issue on appeal is whether the trial court erred in granting summary judgment in defendant's favor. For the following reasons, we hold that the trial court did not err and affirm its judgment of 2 August 1990.

Under N.C.Gen.Stat. § 1A-1, Rule 56(c) (1990), a motion for summary judgment may be granted "if the pleadings, depositions, ..., together with the affidavits, if any, show that there is no genuine issue as to any material fact...

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