[Durham INC] SDD responds with a SLAPP suit

[Melissa Rooney]

See below. There is no doubt that the developers (SDD) would be appealing if the recent court decision had not been in their favor. They delayed that court case in every instance, giving the appearance that they wanted to delay it until a different judge was assigned to the case (which is what happened).

Why is it that when normal citizens appeal a decision, they become subject to a lawsuit, when the big money special interests can appeal until the cows come home, delaying important decisions and costing the average citizen more than they can afford. 

It is such a shame the way exorbitant legal fees can be used to intimidate people from questioning and voicing concerns and doing what they believe is right. Yet another example of how special interests subvert democracy in this country.

Melissa (Rooney)




http://blogs.newsobserver.com/bullseye/filings-from-both-sides-keep-durhams-751-south-in-court

Filings from both sides keep Durham's 751 South in court
Submitted by jaydub on 01/23/2012 - 15:51
Tags: Bull's Eye | 751 South | Chancellor's Ridge | Durham County | lawsuit | Southern Durham Development
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." (Link below.)
The plaintiffs contend that their 2010 protest petition against a rezoning for the proposed development was improperly ruled invalid.
The lawsuit rested on whether the state Department of Transportation properly accepted and/or properly revoked an acceptance of a right of way easement from Southern Durham Development before the county commissioners' vote to approve the rezoning.
The easement donation moved Southern Durham's property line outside the area subject to the protest petition.
Kim Preslar, one of the plaintiffs, made a statement on the appeal:
“We followed the rules of the democratic process and worked constructively with government and planning officials to make our objections known, yet this decision belittles our confidence that citizen voices matter and that we can expect ‘the system’ to protect our rights against large, politically well-connected developers who specialize in loopholes. We plan to appeal the decision because we have confidence that the law supports our position and that ‘the system’ will indeed prevail on behalf of citizens, even if through the appeal process.”
Attorney Cal Cunningham, representing the defendants, said he didn't know whether his clients would have any comment beyond the contents of their motion. The motion holds that the plaintiffs relied on a false affidavit given by a former NCDOT attorney and persisted in litigation "to cause unnecessary delays for the 751 South development, increase the costs of litigation and obstruct votes on applications for water, sewer and annexation by the Durham City Council."
The motion names Steve Bocckino, a southern Durham resident who opposes the development, as coordinator for the plaintiffs' litigation and Carolyn Aaronson, a neighbor of Bocckino, as financier of the litigation.
"A SLAPP (Strategic Lawsuit Against Public Participation) suit," said Bocckino. "Perfectly in character."
Aaronson has said she is involved because she believes the 751 South project threatens water quality in Jordan Lake. Plans for the development include up to 1,300 residences, 150,000 square feet of retail space and 150,000 square feet of office and civic space.
The motion for sanctions claims that Aaronson is paying for the litigation "with an inheritance from a 'big box' South Texas furniture retail chain that owns a 250,000 square foot distribution facility – over three (3) times larger than the largest single commercial space that will be built in 751 South."
The motion also mentions that Bocckino's wife, Pat Bocckino, is campaign treasurer for a City Council member.
Pat Bocckino is treasurer for Councilwoman Diane Catotti, who won re-election in 2011.
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