MULBERRY-FAIRPLAINS WATER ASS'N, INC. v. TOWN OF NORTH WILKESBORO

No. 9123SC38.

412 S.E.2d 910 (1992)

105 N.C. App. 258

MULBERRY-FAIRPLAINS WATER ASSOCIATION, INC. v. TOWN OF NORTH WILKESBORO.

Court of Appeals of North Carolina.

February 4, 1992.


Attorney(s) appearing for the Case

Brewer & Brewer by Gregory J. Brewer, Wilkesboro, for plaintiff.

E. James Moore, North Wilkesboro, for defendant.


WELLS, Judge.

I.

The sole issue presented by defendant's appeal is whether the trial court erred in granting plaintiff's motion for partial summary judgment.

Summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show [1] that there is no genuine issue as to any material fact and [2] that any party is entitled to judgment as a matter of law." N.C.Gen.Stat...

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