Court Hearing – Wake Stone’s Bridge
Thursday, January 30, 2025 (9:30am – noon)
Wake County (old and tall) Court House Room 10A (10th floor)
316 Fayetteville St, Raleigh, NC 27601
The public is welcome and we would LOVE, LOVE supporters in the courtroom. We are the only case in this courtroom so we would LOVE to see you with us in the court room!
We are guaranteed this hearing time! Due to the last delay that was the court staff’s fault, we finally avoid the “calendar call” and further delays. The actual hearing starts at 9:30am.
This is the hearing originally scheduled for December 2, 2024, but delayed by other cases on the judge’s docket. Then, scheduled for January 13, 2025, delayed by the court staff ‘forgetting’ to schedule our case. Frustrating!
There is a bridge authorization to destroy the riparian buffers along Crabtree Creek (OAH Judge van der Vaart’s April 1, 2024 ruling). This despite the Umstead Coalition had previously won THREE(3) court cases upon Appeal to revoke-they just keep trying and we keep fighting for the law to be followed. Here we go again, for the 4th time!
On April 1, 2024 AOH Judge van der Vaart ruled the Buffer Authorization approved because, get this…. The Buffer Rules (the NC law as implemented by the Rules approved by the NC Environmental Management Commission) is “not clear and unambiguous” (and therefore could not be enforced). Note: Wake Stone did not ask to intervene and is NOT a party to this case- their lawyers should not be allowed to speak during the hearing.
Interestingly, this time, BOTH DEQ and the Umstead Coalition appealed Judge van der Vaart’s April 1, 2024 Ruling. DEQ argued the Rules were clear and DEQ’s staff permit approver was qualified to determine there was no need for alternative analyses to avoid the buffer impacts (note: no party raised any issue about the clarity of the Buffer Rules and DEQ did not present their staff as an expert at trial). The Umstead Coalition agrees the Rules are clear and also argues that Wake Stone should have been required to perform alternative analysis by DEQ to avoid or minimize buffer impacts. In contrast to DEQ’s staff witness, the Umstead presented extensive evidence during multiple days at trial from 3 engineering witnesses as to practical alternatives in design and location that would avoid buffer impacts. After various court filings we finally had an Appeal hearing week scheduled for the week of December 2, 2024. During the calendar call on December 2, we were then scheduled for later that week; but later in the week the judge delayed due to conflicts with his trial cases (note: Wake Stone has proceeded to destroy the Crabtree Creek stream buffer for the bridge, but they are doing this at their own risk and their destructive actions should not affect our court cases-it’s not our fault that DEQ failed to follow the law and various attempts by others that caused court delays and appeal hearing). After some gentle pleading from our attorneys, a new calendar call (and hopefully hearing) was supposed to be held on Monday, January 13, 2025. However, the Court staff failed to schedule. With apologies, the court staff scheduled a Hearing (date and time certain without the “calendar call” step. However, it looks like we will be before the judge that denied our Injunction request despite co-agreed to by DEQ.
We are the ONLY case scheduled for this court room – so YOUR attendance will be noticed and appreciated!
Join us in support: Wake County Court House (the tall one), Room 10-A (10th floor), 316 Fayetteville St, Raleigh, NC 27601
It is always good to have our supporters in the audience; it’s likely to be a small court room so 5 or more attendees is ideal. Here’s what to expect if you attend. Arrive at the courthouse by 9:15am, go through security and take the elevator to the 10th floor, Court Room 10-A. You can come and go from the court room, but can’t talk while court is in session. Try to sit behind our attorneys during the Hearing.
What to expect: We anticipate the Hearing to take about 3 hours. DEQ and the Umstead Coalition are the parties in the Hearing. Wake Stone is NOT a party and can not have any lawyers speak. This is a Hearing where lawyers from each side restate their case before the judge. No witnesses as the contested trial has already occurred. Both DEQ and the Umstead Coalition agree that the Neuse Buffer Rules are clear and van der Vaart’s claim that due to lack of clarity the Authorization (to destroy stream buffers) should be granted is NOT a valid reason to grant an authorization. Given both sides agree, we expect to ‘win’ on this issue. Then, DEQ will argue they followed the Rules. The Umstead Coalition will argue DEQ failed to follow the rules. The Umstead Coalition’s trial with three engineering experts showed that several practical methods existed to avoid and minimize the buffer impacts, as required by law. We are asking the buffer authorization be denied. DEQ’s attorneys job is to defend the DEQ staff’s decision (whether the DEQ staff was correct or not). No witnesses will be called as the trial is in the past. The judge could make some rulings at the Hearing or delay his ruling.
A good option for parking is the Wake County Municipal Parking Deck 216 W. Cabarrus St., on the corners of Davie, McDowell and Cabarrus streets. It’s about a 5 to 10 minute walk to the courthouse.
