Judge rules against Southern Durham Development, county, in 751 case | News
News
INDY Week's news blog

Archives | RSS

Wednesday, August 10, 2011

Judge rules against Southern Durham Development, county, in 751 case

Posted by on Wed, Aug 10, 2011 at 9:10 PM

Late this afternoon, Superior Court Judge G. Wayne Abernathy ruled against a request by Durham County, Durham County Commissioners and Southern Durham Development for summary judgment in the 751 South case.

Both the county and SDD's lawyers said during last week's hearing that Abernathy should find that the Durham County commissioners acted appropriately last August when they voted to rezone more than 160 acres near Jordan Lake. SDD needed the rezoning to move forward with plans to build 751 South, a community that could include 1,300 homes, apartments and condos, plus retail and offices. The defendants had hoped that such a ruling would have settled the case.

The plaintiffs, Chancellor’s Ridge HOA, who sued the county last fall, say Durham County commissioners didn't properly account for the HOA’s protest petition against the rezoning when they voted 3 to 2 to approve the zoning change. Their lawsuit argues that the petition met all requirements and was valid, and that the county didn't follow its own ordinance, which requires at least four commissioners to vote to approve a rezoning if there's a valid protest petition. In light of today's decision, the lawsuit could go to trial in November.

According to the judge's ruling, the sticking point was the developer’s dedication of an easement to the N.C. Department of Transportation in July 2010.

More than a year ago, Southern Durham Development gave the N.C. DOT enough property to increase the right of way of N.C. 751 by to more than 100 feet. The effect of this easement, unknown to N.C. DOT at the time, was to invalidate a protest petition by citizens who were challenging the 751 South Development by placing them too far from the proposed development’s property line.

The N.C. DOT later realized it had become embroiled in a local issue and revoked the easement.

Abernathy ruled that there is no “genuine issue of fact and, as a matter of law" that the deed was sufficient to dedicate a valid easement to the N.C. DOT, provided it was accepted by an authorized person. He added that the court "reserves ruling on the validity" of the N.C. DOT's revocation of the easement.

Read the order here: 751.pdf

Check back tomorrow for an update and analysis of what the ruling means for the city's possible future annexation or extension of water and sewer service to the proposed development. The Council has scheduled a meeting about 751 South for Aug. 18.

Read the Indy's coverage of last week's hearing that lead to the ruling.

Tags: , , , , ,

Pin It

Comments

Showing 1-1 of 1

Add a comment

 
Subscribe to this thread:
Showing 1-1 of 1

Add a comment

INDY Week publishes all kinds of comments, but we don't publish everything.

  • Comments that are not contributing to the conversation will be removed.
  • Comments that include ad hominem attacks will also be removed.
  • Please do not copy and paste the full text of a press release.

Permitted HTML:
  • To create paragraphs in your comment, type <p> at the start of a paragraph and </p> at the end of each paragraph.
  • To create bold text, type <b>bolded text</b> (please note the closing tag, </b>).
  • To create italicized text, type <i>italicized text</i> (please note the closing tag, </i>).
  • Proper web addresses will automatically become links.

Latest in News



Twitter Activity

Comments

Thanks for not sounding condescending!

by EasyEB on It’s Going to Snow. Don’t Freak Out. (News)

Well I think it's for the best. I wouldn't want his Holiness within 500 miles of the snake den that …

by Jim C. on Well, That Sucks: The Dalai Lama Is Not Coming to Raleigh Next Year After All (News)

Most Recent Comments

Thanks for not sounding condescending!

by EasyEB on It’s Going to Snow. Don’t Freak Out. (News)

Well I think it's for the best. I wouldn't want his Holiness within 500 miles of the snake den that …

by Jim C. on Well, That Sucks: The Dalai Lama Is Not Coming to Raleigh Next Year After All (News)

I don't understand. Your headline says "Warmest Year on Record" but your graphic says that 1990 was equally warm. Shouldn't …

by Jim O'Hara on Don't Let the Cold Front Fool You: North Carolina Just Had its Warmest Year on Record (News)

- if they choose to decide to use rank-order, if majority vote
proves frustrating, thy should only rank their …

by Chris Tiffany on And the Finalists for the Vacant Durham City Council Seat Are ... (News)

Council was reluctant to use rank-order voting;
most opting for an alphabetic listing, although
only Middleton admitted (on …

by Chris Tiffany on And the Finalists for the Vacant Durham City Council Seat Are ... (News)

© 2018 Indy Week • 320 E. Chapel Hill St., Suite 200, Durham, NC 27701 • phone 919-286-1972 • fax 919-286-4274
RSS Feeds | Powered by Foundation