An attorney for plaintiffs in the civil lawsuit over the controversial 751 South development filed a notice in court Friday that they’ll appeal a judge’s ruling in favor of Durham County and the developers.

Property owners near the land to be developed, including the Chancellor’s Ridge Homeowners Association, sued the county in 2010 over the county’s decision to rezone the proposed site of the development. The 167 acres along N.C. 751 in the southwestern part of Durham County is in the watershed of Jordan Lake, a source of drinking water for several communities in the region. Neighbors and other opponents say they don’t want to see such a dense development near the lake, arguing it will cause further environmental harm and traffic jams on N.C. 751.

Earlier this month, Superior Court Judge Henry Hight dismissed the lawsuit at the request of the defendant, Durham County, and Southern Durham Development, which had intervened in the case as an interested party.

It’s unclear whether the appeal could cause additional hearings before the case heads to the N.C. Court of Appeals.

In related news, Southern Durham Development has not responded to a request from the Indy for information on $142,000 in overdue property taxes the company owes to Durham County. According to the county’s online billing system, the taxes had not been paid as of Friday afternoon.