Friday, July 10, 2009
Lewis Cheek joins law firm suing Durham County
One of Lewis Cheek's final actions as a Durham County commissioner was to reject an independent survey of Jordan Lake, saying the county should instead "take ownership of the issue" by relying on a private survey commissioned by developer Neal Hunter.
"I don't think we should get into budget ordinances and amendments in order to spend $100,000 that we really don't have right now," Cheek said at the Nov. 24, 2008 meeting, in moving to defer action on the independent survey. "Frankly, and I'll be very candid, I feel very uncomfortable getting involved with that, given that this is my last night as a member of the Board of County Commissioners."
Less than one year later, Cheek has joined law firm K&L Gates as an "of counsel" attorney, K&L Gates attorney Patrick Byker confirmed in an interview. The firm represents Southern Durham Development, whose proposed mixed-use project, known as the 751 Assemblage, would directly benefit from Hunter's survey. Southern Durham Development is suing the County to change its watershed maps, based on Hunter's survey, without a public hearing.
In 2008, Hunter sold 164 acres intended for the 751 Assemblage to Southern Durham Development for $18 million and a stake in the company. (Hunter is a minority shareholder, and has argued on the company's behalf at public meetings.) In February 2009, the N.C. Division of Water Quality accepted Hunter's survey, which would move the property outside a one-mile area that prohibits such development. However, in April commissioners voted 3-2 to follow state law and conduct a public hearing process before changing its watershed maps accordingly. Last month, Southern Durham Development sued Durham County for allegedly acting maliciously to "attack" and "undermine" this map change by conducting a public hearing. Several of Cheek's former colleagues, including County Attorney Chuck Kitchen and then-Commission Chair Ellen Reckhow, are named in the suit.
Cheek's bio on K&L Gates indicates he will represent clients on "land use and zoning matters." However, Byker declined to comment on whether Cheek would work on the lawsuit against his former employer.
In his 2004 run for the County Commission, Cheek received his largest contribution, $2,000, from Hunter.
Cheek did not respond to calls or e-mails requesting comment.
Comments (8)
Showing 1-8 of 8
What an outrage. The County (or perhaps the Independent) should launch an investigation to determine how long Mr. Cheek has been negotiating with K&L Gates for a position. Clearly he's been representing their interests for at least the last year rather than the interests of county residents.
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Representing issues or interests that are not positive for Durham seems to be a specialty of Byker's law firm--sounds like Cheek will be right at home.
Can you say -- conflict of interest?? For shame. This does not pass the red face test.
"Cheek did not respond to calls or e-mails requesting comment." Unfortunately, many citizens aren't paying attention to issues like this. But those who are, Mr. Cheek, can draw only one sensible conclusion. Folks who supported you as a public servant in the past deserve to hear from you directly, or that conclusion will simply have to stand.
The lack of concern for the environment in favor of the mighty dollar is always remarkably stupid as without health, wealth does not matter. Let alone to live a life of heartlessness and greed, which is illustrated by Lewis Cheek's actions. Sad.
Very simplistic arithmetic of Mr. Cheek who would not spend the money we don't have but rather carelessly make that money at whoever expenses . One of those who get elected only to serve his own interest. Sad person, indeed. But is there anyone listening to what the people directly be impacted by those developments have to say?
Many many thanks to Matt Saldaña for his thorough coverage of this important issue. Please keep it up!
Are you kidding me? This is a blatent statement regarding the development industry's improper influence on Durham gov't and development policies. How can one not question Cheek's vote against getting an 'independent survey' back in November, particularly when he had joined the board of commissioners in directing staff to take bids for an independent survey beforehand. How can we not question any elected official who has received funds from the development industry? And how much more financial influence is not public information?
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