HOWELL v. TOWN OF CAROLINA BEACH

No. 915SC552.

417 S.E.2d 277 (1992)

106 N.C. App. 410

Wayne D. HOWELL, Plaintiff, v. TOWN OF CAROLINA BEACH, North Carolina, a body politic and incorporate, the Town of Carolina Beach Board of Commissioners, David Serrell, in his individual and official capacities, and Hubert Vincent, Patsy R. Efird, and Douglas Batson, in their individual and official capacities, and Robert L. Doetsch and Edward Chinnis, in their official capacities, Defendants.

Court of Appeals of North Carolina.

June 16, 1992.


Attorney(s) appearing for the Case

A.A. Canoutas, Wilmington, for plaintiff-appellant.

Johnson and Lambeth by Carter T. Lambeth and Maynard M. Brown, Wilmington, for defendants-appellees.


LEWIS, Judge.

Summary judgment is proper if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56; Bolick v. Townsend Co., 94 N.C. App. 650, 381 S.E.2d 175, disc. rev. denied, 325 N.C. 545, 385 S.E.2d 495 (1989). "A defendant is entitled to summary judgment only when...

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