DALE v. TOWN OF COLUMBUS, NC

No. 9029SC523.

399 S.E.2d 350 (1991)

101 N.C. App. 335

David R. DALE and wife, Virginia R. Dale; Irwin C. Winter; Jerry Shannon v. TOWN OF COLUMBUS, NC; Kathleen P. McMillian, Mayor; Raymond C. Blackwell, Commissioner; Grover W. Hutcherson, Commissioner; Robert E. Ormand, Commissioner; Elizabeth C. Scruggs, Executrix, Estate of Pauline M. Cowan, Deceased.

Court of Appeals of North Carolina.

January 15, 1991.


Attorney(s) appearing for the Case

Francis M. Coiner, Hendersonville, for plaintiffs-appellants.

Arledge-Callahan Law Firm by J. Christopher Callahan, Rutherfordton, for defendants-appellees.


ARNOLD, Judge.

Summary judgment is appropriate when there is no genuine issue as to any material fact and either party is entitled to judgment as a matter of law. N.C.R.Civ.P. 56. Here, there is no substantial controversy over the facts. The controversy is about the legal significance of those facts. Determining the validity of the ordinance enacted by the Columbus Board is, therefore, a proper case for summary judgment...

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