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."

School officials could soon get 26 acres to build an elementary or middle school from a South Durham developer.

Southern Durham Development Inc. is looking to bring a dense, mixed-use development to a 164-acre spread of land off N.C. 751. Developers hope to offer 1,200 residences, commercial space, as well as a brand new school.

At a meeting Thursday afternoon, the school board will review a resolution to accept the land if it's offered.

This plan is also known as the Boylan tract, according to Steve Medlin, Durham's planning director. The Boylan project is already being protested. (More here.)

Patrick Byker, a Morrisville lawyer representing the developer, was not immediately available to answer questions about the possible deal, including how much the land is worth.