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 |