On 18 August 1993, the Board instituted this declaratory judgment action seeking the proceeds of the civil penalty. Defendants filed a motion to dismiss the action, and the Board filed a motion for summary judgment. The trial court denied defendants' motion to dismiss, granted the Board's motion for summary judgment, and ordered that the clear proceeds of the settlement be paid to the Board. Defendants gave notice of appeal from the trial court's order granting the Board's motion for summary judgment, and both parties petitioned this Court for discretionary review prior to a determination by the Court of Appeals. We allowed the petition on 5 October 1995.
Defendants contend that the trial court erred in granting plaintiff's motion for summary judgment.
In accordance with N.C. R. Civ. Co. v. Nationwide Mut. In order to be entitled to summary judgment, the moving party must bear the burden and show that no questions of material fact remain to be resolved. Id. Defendants contend that there was a genuine issue of material fact as to whether the money paid by Weyerhaeuser constituted a penalty, forfeiture, or fine under Article IX, Section 7 of the North Carolina Constitution. We disagree with defendants' contention.