The civil court case around the controversial 751 South development is scheduled for trial Monday, but attorneys for the developer have asked for a continuance.
Attorney J. Calvin Cunningham, representing Southern Durham Development, filed Monday for a continuance in the case, saying his son Cal Cunningham Jr., also an attorney on the case, had been deployed with the U.S. Army until Oct. 31. The senior Cunningham notes in his request that his legal team hasn't had adequate time to gather all the necessary evidence in the case.
Southern Durham Development is a party to the suit, but the original complaint was brought against Durham County.
Lawyers for the Chancellor's Ridge Homeowners Association registered their opposition to the request, saying the county and developer just want to delay:
Since this lawsuit's inception, both Defendants SDD and Durham County repeatedly have stated that this matter should be set for trial at the earliest opportunity because of the ongoing prejudice to SDD. Now, on the eve of trial, Defendants have served in excess of 20 subpoenas, and in their motion, state a desire to take twelve depositions. Plaintiffs believe, under the circumstances, that SDD seeks excessive discovery that is irrelevant to the limited issues before the Court for the sole purpose of delay and increasing Plaintiff's fees and expensive.
Superior Court Judge G. Wayne Abernathy is scheduled to hear the case Monday, and will decide on Cunningham's request for an extension.
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