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.
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.
