
Siler's opinion is central to whether 751 South passes or fails. The N.C. DOT issue and its resolution will dictate whether the developer needs three 'yay' votes, or four, to gain approval for the project. The board has historically been divided 3-2 in favor of 751 South, so it could go either way.
Here's what Siler has to decide: If the N.C. DOT was within its rights to give the land back to the developer through the process it followed, that upholds a protest petition filed by opponents to the project, which could include 1,300 residences and 600,000 square feet of retail and office space. The valid petition would require four of the five county commissioners to support 751 South for it to move forward.
If Siler suggests the N.C. DOT did not legally refuse the land, that means the N.C. DOT still possesses the right-of-way. Its possession inadvertently rules that citizen protest petition invalid, on a technicality. An invalid protest petition means that only three commissioners must approve the development for it to move forward.
Opponents of 751 South who filed the petition say the development is too dense for a rural corner of Durham County, is too far from the city's core, lacks public transportation and could further damage the already polluted waters of Jordan Lake, which is about a mile from the development site.
Siler is expected to share his opinion over the weekend with county commissioners. He is supposed to offer the opinion to Planning Director Steve Medlin, who ultimately decides whether the protest petition is valid.
At the latest, opinions from Siler and Medlin will be publicly announced Monday when commissioners vote on 751 South. The meeting begins at 7 p.m. on the second floor of the county building at 200 E. Main St., in downtown Durham.