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."
If you're driving I-40 in the next few months and see a bus rolling along the shoulder, it's probably not in trouble.
It's in an experiment. ...
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 ...
By correspondent Virginia Bridges
The Durham County social services board may have broken the law when it appointed a sitting member to become the interim Department of Social Services director, according to a report released today.
But the violation appears to have been unintentional, based on documents and interviews, according to Jimmie Hicks Jr., the New Bern attorney the Durham County commissioners hired to investigate the appointment in the wake of former director Gerri Robinson’s firiing in July.
The commissioner asked Hicks to investigate three things:
- The county commissioners' appointment of Gail Perry to the Department of Social Services board in June.
- Whether DSS board members Stan Holt, Joe Bowser and Perry held an illegal meeting before the July vote to fire Robinson.
- Whether it was a conflict of interest for Perry to vote to fire Robinson and then be appointed to her position on an interim basis.
Hicks’ report found no legal problems with the first two issues.
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.
From correspondent Virginia Bridges
County Manager Mike Ruffin wasn’t the only one to get a raise this year this year.
The Durham County commissioners approved raises for themselves and their employees earlier this year.
Beyond the 10 percent raise recently awarded to Ruffin, commissioners also approved a 4.25 percent raise for themselves in the budget for the fiscal year that began July 1.
Commissioners have also approved increases for the five other county officials they evaluate: the sheriff, county attorney, register of deeds, clerk to the board and tax administrator.
Those increases range from 4.25 percent for Sheriff Worth Hill, which brought his salary up to $127,279 to a 31.7 percent raise for Clerk to the Board Michelle Parker-Evans, who now makes $80,313 annually. Parker-Evens recently received her clerk certification after two years of class work, which is one of the reasons the increase is so high, Ruffin said.
Want to make a green impression in your community? Volunteer to be a recycling ambassador for Durham County.
From correspondent Virginia Bridges
A shakeup in the Department of Social Services has split the Durham County Board of Commissioners, with the chairman accusing a colleague of dishonesty and another calling the chairman a liar.
Chairman Michael Page says Commissioner Ellen Reckhow was dishonest about her knowledge about the new DSS interim director.
Page says he also heard Commissioner Joe Bowser sought to oust former DSS director Gerri Robinson because she wouldn't hire one of his friends. He would not name who told him and said he could not prove it. “But I have to go by that when people bring me information,” he says.
Bowser calls Page a “liar.”
“It takes an ignorant person to make comments that are not true,” Bowser says. Although he introduced a potential job candidate to Robinson, he says it was a “recommendation only.”
Page’s concerns start with a June 27 county commissioners meeting where Bowser, Reckhow and Becky Heron voted to put Gail Perry on the DSS board.
Page and Brenda Howerton, the fifth commissioner, voted for Gloria Green, whose first term on the board had just expired. Page had served on the board with Green, a former DSS employee, and said the county had no reason to end her tenure.
Heron and Reckhow said Bowser, the commissioners’ liaison to the DSS board, contacted them before the vote, saying Robinson’s leadership had been divisive. She says she consulted County Manager Mike Ruffin, who indicated a change needed to occur, “which carried a lot of weight with me.”
Ruffin woould not comment.
Look for more on this developing story in tomorrow's N&O and in Wednesday's Durham News. If you'd like to speak with the reporter working on it please call Virginia Bridges at 919-564-9330 or email virginiabridges@gmail.com
Durham County authorities are urging citizens to take an online survey for the county's strategic planning.
They've even extended the deadline from Monday until Aug. 22.
The survey consists of 18 questions regarding priorities, taxes, satisfaction with county government as it is currently and ways to improve.
Durham County has undertaken its first stratgic planning process, and the Board of Commissioners are scheduled to adopt a strategic plan in February. The plan for planning includes town-hall style public forums in November and internal analysis of the county's strengths, weaknesses and opportunities.
Survey forms are at http://bit.ly/qshpkV, along with information on the strategic planning itself.
