The issue on appeal is whether the trial court erred in granting defendant's motion for summary judgment. We affirm in part, reverse in part, and remand. In addressing a motion for summary judgment, the trial court is required to view the pleadings, affidavits and discovery materials available in the light most favorable to the non-moving party to determine whether any genuine issues of material fact exist and whether the moving party is entitled to judgment as a matter of law. N.C. Gen. Stat. Summary judgment is proper where the moving party can establish that an essential element of the opposing party's claim does not exist, or that the opposing party cannot produce evidence to support an essential element.
Summary judgment is an appropriate procedure in a declaratory judgment action.
45 N.C. App. We first consider plaintiff's claim for trespass. 114 N.C. App. Likewise, the evidence before the trial court clearly establishes that defendant is a property owner within Pine Knoll Shores, and therefore is a member of plaintiff Association. Plaintiff did not forecast evidence that defendant, as one of its members, is not authorized to use the seawall.