If Nutella has had a regular spot on your pantry shelf,  you may have a refund coming to you.

That's the result of the $3 million settlement of a class-action lawsuit challenging advertising claims that the chocolate hazelnut spread was a “wholesome” food that could be served as part of a "balanced" and "nutritous breakfast."

The plaintiffs in a lawsuit over the 2010 rezoning for 751 South have withdrawn their case, by an agreement signed Wednesday with Southern Durham Development.

Two property owners near the proposed subdivision, and the Chancellor's Ridge Homeowners Association, had appealed their suit's dismissal by Superior Court Judge Henry Hight in January.

"They agreed to walk if we agreed not to pursue sanctions for a frivolous lawsuit," Southern Durham President Alex Mitchell said.

Hight dismissed the suit "with prejudice." The plantiffs had sued Durham County, contending that their protest petition against a rezoning vital to the project was improperly ruled invalid. Southern Durham Development subsequently joined the suit on the county's side.

Withdrawing the lawsuit means the Durham County commissioners' approval for the rezoning remains in effect. However, in December Southern Durham filed a request to re-rezone its 167-acre site in southwest Durham County. The new rezoning would remove some restrictions included in the original.

Terms of the settlement agreement bar the defendants and plaintiffs from further action in the matter, but the terms expressly state that the plaintiffs are free to express their opinions of the plaintiffs publicly.

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."

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 ...

In case you missed it, there's a story in today's paper about a Durham resident's bad experience auditioning for Fox's newest reality competition series, "The X-Factor."

86-year-old Hyman Marks is suing the show, Fox Broadcasting and Simon Cowell because he wants another chance to audition under what he considers fair conditions.

Read the story for all the details, but also check out the video of Hy making his case and singing some songs (especially "Nothing Like a Dame" -- adorable).

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."

Opponents of the planned merger between Duke Energy and Progress Energy want the N.C. Business Court in Raleigh to delay next month's shareholder vote on the corporate merger.

The vote by shareholders of both power companies, scheduled for Aug. 23, is one of the key milestones in a merger that would create the nation’s largest electric utility with 7.1 million customers in six states.

If the business court were to agree with the merger opponents and postpone the vote, the decision could set back the timeline for the merger by several months or more.