751 SOUTH ZONING FOES CALL IN OWN LEGAL TEAM
Reprinted from the Durham Herald-Sun
By Ray Gronberg
DURHAM --Critics of the project confirmed this week that they'd secured what one termed "preliminary representation" from Blue Stephens & Fellers, a Raleigh firm co-founded in 1976 by state Sen. Dan Blue Jr.
The firm is now basically a family practice. One of Blue's sons, Dhamian Blue, has done the bulk of its work on the 751 case.
He confirmed Wednesday that it had been asked to help 751 opponents in "monitoring the situation and exploring their alternatives in terms of the public process."
Dhamian Blue has swapped letters at least once with County Attorney Lowell Siler, to discuss procedural matters surrounding City/County Planning Director Steve Medlin's upcoming ruling on the validity of a formal protest petition neighbors have filed against the rezoning.
Medlin's ruling is likely to come today or tomorrow.
If he says the petition is valid, the would-be developers of 751 South would need votes from four County Commissioners instead of the usual three to secure the rezoning they need.
Citing attorney/client confidentially, Dhamian Blue wouldn't say much about what his firm has done so far, especially about the advice it's offered to opponents of the project.
He did say, however, that he and his clients are looking forward to Medlin's decision on the protest petition.
"My expectation and hope is that the petition will be deemed valid," he said. "If that is the case, I don't think there would need to be any legal maneuvering beyond any that's already been done."
Blue's father is a long-serving state legislator who's among the state's most prominent politicians.
A Wake County Democrat, Dan Blue Jr. served as speaker of the N.C. House in the early 1990s and ran unsuccessfully for the U.S. Senate in 2002.
He returned to the N.C. House in 2002 and moved to the state Senate last year, as a mid-term appointee, to replace a colleague who'd died.
Blue Jr. is also a longtime member of the Duke trustees who became chairman of that board last summer.
Opponents of 751 South clearly are hoping Blue Stephens & Fellers can act as a counterweight to the developers' attorneys, who work for the RTP firm of K&L Gates.
"The Blue firm was recommended as a law firm that would be influential in this case, in terms of their experience with past legal cases and their experience with government," said Melissa Rooney, the most vocal of the opponents. "It's been good to be able to have someone with legal expertise to talk to about the goings-on to this point."
Rooney wouldn't say who had recommended Blue Stephens & Fellers to opponents, nor would she say who or how many people are helping pay the firm's bills.
"Let's just say a group of residents have contributed, and leave it at that for now," she said.
It does not appear that Dan Blue Jr. has had much direct involvement in the case, at least to date.
His son said the senator has been tied up with legislative business for much of the spring and would remain so until the General Assembly adjourns.
House and Senate leaders hope that occurs on Friday.
"But so long as I represent them, so does our law firm," Dhamian Blue said. "I'm the lead attorney responsible, but we all work together as appropriate, as we need to."
Medlin's impending ruling will set the stage for County Commissioners to open hearings on Southern Durham Development Inc.'s rezoning request this coming Wednesday.
Competing travel and training schedules, however, are likely to prompt commissioners to continue the hearing until July 26 when all five members can attend.