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No ruling today in 751 South lawsuit

Superior Court Judge G. Wayne Abernathy said today he hopes to render a decision in the 751 lawsuit "by the end of next week."

Abernathy said he needed time to study the cases attorneys had cited in their arguments over a motion for summary judgment filed by attorneys for Durham County and Southern Durham Development Inc. A group of southern-Durham property owners brought the suit against the county in 2010 over a ruling that invalidated their petition opposing Southern Durham's town-sized 751 South project.

The plaintiffs' attorneys oppose the summary-judgment motion, by which the defendants  acknowledge that they do not contest facts and request it be decideed as a matter of law.

Before adjourning this morning, Abernathy quoted a legal proverb: "Bad facts make bad cases."

"This case is replete with bad facts," he said. "I'd better leave it at that."

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