
Illustration by V.C. Rogers
Proposed location of 751 South development
The legal complaint against the county was filed in September, and moved to civil court in October. After two month-long extensions, Durham County Attorney Lowell Siler filed a motion to dismiss the case. (PDF) He contended that county officials weren't properly served with the lawsuit within the time period prescribed by law.
But attorneys for the homeowners, including Dhamian Blue of Raleigh firm Blue, Stephens & Fellers, argued successfully Monday that Durham County was properly served with the lawsuit in a timely fashion when Siler received it in October and read the entire contents of the documents to County Commissioner Michael Page over the phone.
Judge Robert H. Hobgood, a Senior Resident Superior Court Judge from Louisburg, agreed with Blue's assessment and denied the dismissal.
The next step: Durham County's attorneys have until April 4 to file a response to the original contents of the lawsuit. That original argument says Durham county and its officials voted to rezone 160-some acres in the 751 development without following the proper procedures, which would have included enforcing a valid protest petition.