Haugh, et al. v. County of Durham, et al.

SEAN HAUGH; and J. RUSSELL CAPPS, Plaintiffs v. COUNTY OF DURHAM; ELLEN W. RECKHOW, Chairman of the Durham county Board of Commissioners, in her official capacity, MICHAEL D. PAGE, Vice-Chairman of the Durham county Board of Commissioners, in her official capacity; and LEWIS A. CHEECK, PHILIP R. COUSIN JR., and BECKY M. HERON, in their official capacities as members of the Durham County Board of Commissioners; MICHAEL M. RUFFIN, Durham County Manager in his official capacity; and NITRONEX CORPORATION, Defendants.

Case Status

Current Status: Closed
Date Filed: Dec 21st, 2007
Last Action: Aug 30th, 2011
Court Filed In: State (Durham County)

Case Summary

NCICL filed the lawsuit in Durham County Superior Court to challenge a $100,000 give-away to Nitronex. The lawsuit alleges that the handout violates the Public Purpose and Exclusive Emoluments Clauses of the state constitution because, among other reasons, the private business received the money in connection with its relocation from a location 12 miles away in Wake County and because the company contracted for its site in Durham five years before it received the hand-out.

Documents Filed

Document Title Date Filed Court Download
Order Denying PDR 08/30/2011 N.C. Supreme Court PDF 61KB
Response to Petition 01/25/2011 N.C. Supreme Court PDF 96KB
Petition for Discretionary Review 01/12/2011 N.C. Supreme Court PDF 890KB
Opinion 12/07/2010 N.C. Court of Appeals PDF 1.4MB
Brief of Defendant-Appellee Nitronex Corporation 06/01/2009 N.C. Court of Appeals PDF 373KB
Brief of Appellee, County of Durham 05/20/2009 N.C. Court of Appeals PDF 1.3MB
Plaintiff-Appellants’ Brief 04/27/2009 N.C. Court of Appeals PDF 2.3MB
Record on Appeal 02/05/2009 N.C. Court of Appeals PDF 7.9MB
Notice of Appeal 08/05/2008 State (Durham County) PDF 44KB
Order Denying Motion to Disqualify and Motion for Sanctions 07/08/2008 State (Durham County) PDF 666KB
Order Granting Summary Judgment 07/08/2008 State (Durham County) PDF 677KB
Defendants' Brief in Support of Motion for Summary Judgment 06/05/2008 State (Durham County) PDF 2.7MB
Order 04/21/2008 State (Durham County) PDF 45KB
Order Dismissing Certain Defendants 04/21/2008 State (Durham County) PDF 39KB
Defendants' Brief in Support of Motions to Dismiss and Disqualify 04/10/2008 State (Durham County) PDF 755KB
ACLU-NC Amicus Curiae 04/09/2008 State (Durham County) PDF 2.3MB
Plaintiffs' Motion for Sanctions Against Defendant 04/08/2008 State (Durham County) PDF 1.8MB
Plaintiffs' Memo in Opposition of Motion to Dismiss 04/08/2008 State (Durham County) PDF 6.6MB
Plaintiffs' Memo in Opposition of Motion to Disqualify 04/08/2008 State (Durham County) PDF 3.5MB
Defendants' Answer (County) 04/07/2008 State (Durham County) PDF 1.7MB
Defendants' Motion to Disqualifty (County) 02/05/2008 State (Durham County) PDF 499KB
Defendants' Motion to Dismiss (Nitronex) 01/18/2008 State (Durham County) PDF 597KB
Defendants' Motion to Dismiss (Ruffin) 01/17/2008 State (Durham County) PDF 469KB
Defendants' Motion to Dismiss (Commissioners) 01/17/2008 State (Durham County) PDF 483KB
Defendants' Motion to Dismiss (County) 01/17/2008 State (Durham County) PDF 395KB
Complaint and Petition for Declaratory Judgment 12/21/2007 State (Durham County) PDF 7.7MB