Court of Appeals of North Carolina October 2, 2012, No. COA12-173 (Johnson v. North Carolina Department of Cultural Resources)

CALABRIA, Judge.

The North Carolina Department of Cultural Resources (“the Department”) and the North Carolina State Archives (“the Archives”) (collectively “the State”) appeal the trial court’s order granting summary judgment to Harvey Wilson Johnson (“Harvey Johnson”), Sean Johnson, Bruce Charles Johnson, Sarah Johnson *49Tuck, Mark Johnson, Richard M.