A new complication in the long and contentious planning of the Orange-Durham light rail system emerged in the form of a lawsuit by six Durham residents over the placement of a proposed maintenance facility.
The complaint was filed in state superior court on Jan. 31 by LeAnn Nease Brown of the Brown & Bunch law firm on behalf of the six residents. It alleges that the Durham City Council did not act in accordance with North Carolina law when it approved the rezoning of property owned by GoTriangle to permit the construction of a maintenance facility for the light rail system.
The plaintiffs are seeking to have the rezoning declared void by the court.
On Dec. 3, Durham City Council unanimously approved the rezoning of property owned by GoTriangle in Durham to allow them to eventually build a maintenance facility for light rail cars. The facility is supposed to be built on Farrington Road in southwest Durham.
At the Dec. 3 council meeting, representatives from GoTriangle and 18 other Durham residents spoke in favor of rezoning the site. Fifty-two people spoke against the proposal, including residents of a neighboring residential development and parents of children at nearby Creekside Elementary School.
Now, six residents of that residential development, the Villas at Culp Arbor, are filing a lawsuit against the City of Durham and GoTriangle.
The lawsuit alleges that the Durham City Council did not adequately consider the effects of noise pollution, citing that previous studies into such matters by GoTriangle had been conducted from much farther away than where the plaintiffs actually live.
According to the lawsuit, the plaintiffs would all be living within 500 feet of the proposed maintenance site, with one plaintiff living as close as 110 feet away, but GoTriangle's measurements of noise pollution were taken from more than 2,500 feet away.
Another complaint in the lawsuit was the manner in which the rezoning was approved by the Durham City Council. The lawsuit claims that this is known as “spot zoning.” David Owens, a professor in the UNC School of Government, said spot zoning occurs when a small area within a larger area has a different zoning category than that of the larger zone.