The Jordan Lake protest petition is going to court. Raleigh attorney Jim Conner filed a complaint today in Durham Superior Court, contending the county commissioners' Oct. 12 rezoning vote failed to move a watershed boundary line.
The complaint asks for a declaratory judgment and injuction "to have the vote that was taken on the rezoning be declared a vote against the rezoning," Conner said.
If successful, the complaint would negate the commissioners' 3-2 vote in favor of the rezoning because the presence of a protest petition required a 4-1 "super majority" for the rezoning to be approved.
Defeat for the rezoning would block a planned subdivision from being built between N.C. 751 and Jordan Lake in southwestern Durham County. It would mean
Conner is representing three individuals and the Kendrick Estates Development Corp. The Haw River Assembly, which with the Southern Environmental Law Center filed the protest petition on behalf of more than 20 affected property owners, is not party to the suit, said SELC spokeswoman Kathleen Sullivan.
Conner said he expected the court to rule on the complaint "in the next few months."
