DocketNumber： 79-595, 79-596
Judges： Faulkner, Torbert, Jones, Almon, Shores, Embry, Adams, Maddox, Beatty
Filed Date： 2/6/1981
Status： Precedential
Modified Date： 10/19/2024
(dissenting).
Summary judgment- must be in itself appropriate under the pleadings and evidence, regardless of whether or not the movant’s evidence is contradicted. Here it was a question of fact as to whether a variance (1) was appropriate, or (2) would be granted by the Board of Adjustment.
MADDOX, J., concurs.