With a victory in court behind it, Southern Durham Development is pressing for a hookup to city water and sewer lines for its 751 South subdivision site.

In a Tuesday letter to City Attorney Patrick Baker, Cal Cunningham, an attorney for Southern Durham Development, requested that the City Council take up and vote on a utility extension agreement "at the next available session."

"It is Southern Durham's expectation that the Application will be brought to a vote within thirty (30) days," Cunningham wrote.

Despite a judge's dismissal, the 751 South lawsuit endures.

Plaintiffs in the suit, two private property owners and the Chancellors Ridge Homeowners Association, are appealing Judge Henry Hight's Jan. 13 decision in favor of Durham County and Southern Durham Development.

Meanwhile, the county and Southern Durham have moved for an award of sanctions, costs and attorney fees, based on the state statute regarding "frivolous litigation."

Superior Court Judge Henry Hight has ruled in favor of Durham County and Southern Durham Development in the 751 South lawsuit.

Hight's ruling "dismissed with prejudice" the complaint brought by two private landowners and the Chancellor's Ridge Homeowners Association claiming their protest petition against a rezoning for the proposed development was improperly ruled invalid.

The text of Hight's decision is linked below.

Documents:

After three hours’ arguments in the 751 South lawsuit Monday, Superior Court Judge Henry Hight sent the attorneys away with writing assignments.

Each side in the suit is to prepare a court order settling the case in its favor and turn them in to Hight by 5 p.m. today.

“And then I’ll do my stuff,” Hight said.

Hight gave no indication how soon he would make a ruling, and the attorneys would make no predictions.

“I don’t try to guess with judges,” said plaintiffs’ attorney Dhamian Blue. “Who knows?”

Two individuals and the Chancellor’s Ridge Homeowners Association are suing Durham County over a ruling that invalidated their protest petition against a rezoning critical to the 751 South project in August 2010. Southern Durham Development, 751 South’s prospective developer, entered the suit as a co-defendant.
 

In January 2008, developers Alex Mitchell and Tyler Morris incorporated Southern Durham Development and announced plans for a mixed-use subdivision of more than 1,200 homes on a 167-acre tract on N.C. 751 between Stagecoach Road and the Chatham County line.

Right away, the project met objections on grounds of traffic congestion, urban sprawl and water quality. Proponents responded that the project would create jobs and tax revenue.

Over the next 2 1/2 years, opposition hardened ...

Here's an early look at this week's Durham News column by veteran journalist Bob Wilson.

Like a bad habit, the unwanted guest is back again. No, not 2011. Southern Durham Development’s ill-conceived 751 South project, the one that bids to transform the Durham-Chatham County line from rural to urban.

Earlier this month, Southern Durham submitted a revised site plan and rezoning request for the 167-acre site in the low country close to the upper reaches of Jordan Lake. To use the words of perennial opponent Steve Bocckino, “The rezoning is worse than the first one … and I wouldn’t have thought that possible.”

Oh, but the revision is indeed worse. Among other changes, the new plan raises the impervious-surface limit on most of the site from 55 percent to 70 percent, the maximum allowed by law. That’s playing awfully dicey with the troubled waters of Jordan Lake.

Upping the impervious-surface percentage to 70 percent is presumably tied into Southern Durham’s decision to scrap the detailed street plan in the first version, thus giving project developers more elbow room.

To add a bit of Cool-Whip to the dessert, Southern Durham also says it won’t insist on city annexation as a condition for donating land for schools to Durham Public Schools. That’s nice, but no cigar.

The 751 South lawsuit has another date in court Jan. 9, but it's not likely anything will be settled no matter what the outcome is.

"Both sides are already swearing to appeal," said Cal Cunningham, attorney representing Southern Durham Development.

Here's a look at today's local headlines:

ROWAND'S RESURRECTION (OR CHUTZPAH): Somerhill Gallery owner Joe Rowand (left) declared bankruptcy after closing shop, owing artists hundreds of thousands of dollars for work he sold but did not pay them for. Now he's back. Read Dave Hart's story to find out why some area artists are ready to do business with him again.

A BRIDGE TOO BARE: Looking out from the north end of the R. Kelly Bryant Pedestrian Bridge, you behold a 100-foot remnant of Lakeland Street leading to a vacant lot. Today, Jim Wise reports, you can to do something about it.

A 751 UPDATE: A judge put off until Jan. 9 a trial in the lawsuit concerning the 751 South project, at the request of defendant Southern Durham Development. Find out why and learn about a Thursday meeting where you can hear more about the mega development planned for near Jordan Lake. 

Brenda James says we're often fighting ourselves in Duham's war against violence, Flo Johnston has the latest on Hanukkah in the Bull City and Dave Hart looks to this week's arts offerings in Arts Week.

And if you haven't suggested a theme for this year's Readers' Writes issue, tell us what theme you'd like to write or read (or take pictures) about. You could win a Durham News T-shirt.

Thanks for reading,

Mark

"A Disneyland for judges" was Superior Court Judge G. Wayne Abernathy's description of the lawsuit over 751 South.

The case came up for trial this morning but Abernathy granted Southern Durham Development's motion for continuance. The new court date is Jan. 9.

Cal Cunningham, lawyer for Southern Durham Development, said he needs more time to depose six current and former state employees in or assigned to the NCDOT. Abernathy also ordered DOT to provide Cunningham with internal documents it had withheld, claiming attorney-client privilege.

Plaintiff attorneys Dan and Dhamian Blue opposed continuance, claiming the documents have no bearing on the case.

Durham County is the named defendant in the suit, in which the Chancellor's Ridge Homeowners Association and two property owners near the 751 South site contend that the county improperly ruled invalid their protest petition against a rezoning for the town-size project in 2010. Southern Durham Development intervened in the case on the county's side.

County Commissioner Joe Bowser’s campaign fund is $8,000 richer thanks to a couple with a financial stake in the controversial 751 South development project.

Bowser, who lost a bid for mayor last month, reported the donations from Neal and Janet Hunter to the Durham County Board of Elections on Monday. Each gave $4,000 to the Bowser Campaign Committee. The couple did not donate money to any other candidates in Durham’s mayoral and City Council races.

Neal Hunter sold the 751 South site near Jordan Lake to Southern Durham Development Inc., financing $10 million of the $18 million price in return for a non-voting share in the company.

Bowser’s term on the Durham County Board of Commissioners expires in 2012. He has been a strong supporter of 751 South, which won a crucial rezoning by a 3-2 commissioners’ vote in 2010. That rezoning is the subject of a lawsuit scheduled for trial in November.

In Durham County, $4,000 is the maximum amount an individual may give to a local candidate’s campaign for any one election. Bowser was a candidate for Durham mayor, but was eliminated in the Oct. 11 primary. Both Hunters’ donations were dated Oct. 11.

While running for mayor, Bowser declared his intention to raise or spend less than $1,000 on the current election. After falling out of the mayor’s race, he withdrew that declaration, putting himself under a requirement to file periodic campaign finance reports.