Bull's Eye

Choose a blog

751 opponents to pursue legal challenge

Bookmark and Share

The 751 South rezoning passed a county commissioners' vote Monday night (read long version of online story here), but the development's opponents plan to take their case to a higher authority.

Kim Preslar, who lives near the 751 South site and filed a protest petition against the rezoning, says she and other opponents "will be pursuing" legal action to contest a ruling by County Attorney Lowell Siler that invalidated their petition.

Siler, before the commissioners' vote, said in his opinion the state DOT lacked authority to revoke its acceptance of a right-of-way donation from Southern Durham Development, which owns the 751 South site and is proposing to build a mixed-use subdivision there.

By making the donation, Southern Durham moved its property line beyond the limit subject to the protest petition, rendering it invalid and allowing the rezoning to pass with only three commissioners voting approval. A valid protest petition would have required four.

The rezoning passed 3-2.

Siler's opinion appeared to contradict that of the state Attorney General's office and some Siler received from the University of North Carolina School of Government.

"We're pretty shocked that the County Attorney's opinion did not take into account the opinions of the Attorney General and the School of Government," and seemed to follow that of the developers' attorneys, Preslar says.
 

Comments

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Will Siler be defending the county?

If the county commissioners (well 3 of them) have such faith in Siler's legal experience and opinion, will they be relying on him for their defense in the opponents' lawsuit, or will the Durham taxpayers have to shell out more $ for an independent attorney, as they have in the recent past? Of course, the county will probably rely on K&L Gates to intervene and do the legal work for them -- why change course now?

"We're pretty shocked that

"We're pretty shocked that the County Attorney's opinion did not take into account the opinions of the Attorney General and the School of Government," and seemed to follow that of the developers' attorneys, Preslar says.

 

You shouldn't be.

Cars View All
Find a Car
Go
Jobs View All
Find a Job
Go
Homes View All
Find a Home
Go

Want to post a comment?

In order to join the conversation, you must be a member of newsobserver.com. Click here to register or to log in.

About the blogger

Jim Wise is a Durham News/N&O reporter and columnist who follows city and county government land-use and neighborhood issues. He's author of "Durham: A Bull City Story" and "Durham Tales: The Morris Street Maple, the Plastic Cow, the Durham Day That Was and More ... "
Advertisements