Blog Posts: Brunswick County

Brunswick County Landfill Case Settles

Clients and Counsel Celebrate
Clients and counsel celebrate after settling the Brunswick County case

The Royal Oak case resolved on June 16, 2014 with Brunswick County’s approval of the settlement agreement in ROCCA et. al. v. Brunswick County.


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Posted by Elizabeth M. Haddix on Fri. September 5, 2014 4:32 PM
Categories: Brunswick County, Community Inclusion, Environmental Justice, Race Discrimination

NC Court of Appeals Allows Deposition of Former County Manager in Brunswick Environmental Justice Case

On April 1, 2014, the North Carolina Court of Appeals dismissed Brunswick County’s consolidated appeal of two trial court orders compelling the County to produce former County Manager Marty Lawing for deposition. This appeal is the second of two filed by the County, both of which have now been dismissed by the Court of Appeals. The first appeal involved the County's motion to dismiss the case, which the trial court denied.


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Posted by Bethan R. Eynon on Tue. April 1, 2014 9:38 AM
Categories: Brunswick County, Environmental Justice, Fair Housing

Environmental injustice in NC extends its unhealthy reach across North Carolina, especially in African American communities

This post was originally posted on the Progressive Pulse by Tazra Mitchell of the North Carolina Budget and Tax Center at the N.C. Justice Center on Thursday, February 28, 2014.

Place Matters

Imagine living in a community that includes the most undesirable and hazardous amenities a place has to offer such as a waste transfer station, a sewage treatment plant, and several landfills. Now, imagine being represented by county officials who decide to provide water and sewer services to an animal shelter but not to the residents—who happen to be more than three-quarters African American. And, these facilities primarily serve the majority-white residents in adjacent communities. Unfortunately, the residents of Royal Oak in Brunswick County don’t have to imagine this; they face this reality every day.


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Posted by Peter Hull Gilbert on Wed. March 5, 2014 3:22 PM
Categories: Brunswick County, Community Inclusion, Environmental Justice, Race Discrimination, Segregation

NC Court of Appeals allows Brunswick County environmental justice case to proceed to trial

On February 12, 2014, the North Carolina Court of Appeals granted the Royal Oak plaintiffs' motion to dismiss Brunswick County's first appeal in Royal Oak Concerned Citizens Association (ROCCA) et al. v. Brunswick County. The decision means that the case will proceed to trial. ROCCA expressed great joy in this important victory. ROCCA and named plaintiffs Dennis McMillian, Curtis McMillian, and Mark Hardy are represented by the UNC Center for Civil Rights, Jack Holtzman of the Fair Housing Project of Legal Aid of North Carolina, and Ray Owens of Higgins & Owens, PLLC.


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Posted by Bethan R. Eynon on Wed. February 12, 2014 11:14 AM
Categories: Brunswick County

Center Attorneys Speak at MLK Day Celebrations

The Center was well-represented at Martin Luther King Jr. Day celebrations in Chapel Hill and Southport, North Carolina on January 20, 2014. Managing Staff Attorney Mark Dorosin was the keynote speaker at the NAACP’s historic celebration at First Baptist Church in Chapel Hill following a march down Franklin Street. Read Mark’s speech. Senior Staff Attorney Elizabeth Haddix was the keynote speaker at the 20th annual Roundtable Breakfast program sponsored by the Brunswick County Martin Luther King Jr. Celebration Committee at Trinity United Methodist Church in Southport. Read Elizabeth’s speech

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Posted by Jennifer Watson Marsh on Thu. January 23, 2014 10:53 AM
Categories: Brunswick County, Community Inclusion, Community Leaders, Education, Orange County, Race Discrimination, Segregation

Update on Brunswick County Environmental Justice Case

Court of Appeals

On November 13, 2013, Plaintiffs requested the trial court to enter a stay of all trial court litigation pending the North Carolina Court of Appeals’ decisions in the County’s three interlocutory appeals. The Rule 2.1 Judge assigned to the case, the Honorable Thomas Lock, granted Plaintiffs' request.


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Posted by Bethan R. Eynon on Mon. January 13, 2014 2:52 PM
Categories: Brunswick County, Environmental Justice

Center argues Brunswick County case at NC Court of Appeals

Center staff attorney Elizabeth Haddix will be arguing before the North Carolina Court of Appeals on Thursday, January 9, 2014, at 9:30 a.m., in Royal Oak Concerned Citizens Association (ROCCA) et al v. Brunswick County, an environmental justice lawsuit in which the Center represents the citizens of Royal Oak, a historically African American community that has hosted Brunswick County’s landfills and other unwanted land uses for the past 30 years.


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Posted by Bethan R. Eynon on Wed. January 8, 2014 11:11 AM
Categories: Brunswick County

Another Victory for Royal Oak

ROCCA members with counsel after March 2013 Hearing

On March 15, 2013, Judge Lock denied Defendant’s Motion to Reconsider the Court’s September 13, 2012 denial of Defendant’s Motion to Dismiss Plaintiffs’ Fair Housing Act claims.


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Posted by Elizabeth M. Haddix on Mon. March 18, 2013 3:42 PM
Categories: Brunswick County, Community Inclusion, Environmental Justice, Fair Housing, Race Discrimination

Update on Brunswick Environmental Justice Case

Since our last post, there have been several important rulings in Royal Oak Concerned Citizens et. al v. Brunswick County:

  • On September 13, 2012, Judge Thomas Lock denied Defendant’s Motions to Dismiss Mark Hardy and ROCCA's Complaints.
  • On November 14, 2012, the Court denied Defendant’s motion seeking to prohibit Plaintiffs from taking the depositions of a County Commissioner and the Assistant County Manager.
  • On January 18, 2013, Plaintiffs filed a Motion to Compel Defendant to produce complete responses to a number of discovery requests, in part because Defendant had not produced an entire category of important documents: emails and other internal communications.
  • On February 18, 2013, Plaintiffs filed a Motion to Compel the production of two more fact witnesses whom Defendant had refused to produce on the same “legislative immunity” grounds it had asserted last fall.
  • On February 28, 2013, Plaintiffs filed a Motion in the Cause for Costs on grounds Defendant was in willful non-compliance with Judge Tally’s February 7, 2013 Order.
  • On March 5, 2013 , Judge Tally denied Defendant's motion seeking to prohibit Plaintiffs from deposing former County Commission Chair Bill Sue and County Manager Marty Lawing.

Finally, on March 8, 2013, Judge Thomas Lock will hear Defendant’s Motion to Reconsider. The hearing begins at 9:30 a.m. at the Superior Court in Smithfield, North Carolina.


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Posted by Elizabeth M. Haddix on Thu. March 7, 2013 2:50 PM
Categories: Brunswick County, Community Inclusion, Environmental Justice, Fair Housing, Race Discrimination

CCR Represents Plaintiffs in Hearing on Royal Oak vs. Brunswick Cty Fair Housing Case

Center attorneys speak with ROCCA Clients at August 13 hearing in Brunswick County Superior Court

On August 13, 2012, CCR attorneys Elizabeth Haddix and Peter Gilbert, with co-counsel Jack Holtzman of the Fair Housing Project of Legal Aid of North Carolina on behalf the Royal Oak Concerned Citizens Association (ROCCA), Curtis McMillian and Dennis McMillian, defended against Brunswick County’s motion to dismiss the ROCCA and McMillian claims filed over a year ago.


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Posted by Elizabeth M. Haddix on Wed. August 15, 2012 1:54 PM
Categories: Brunswick County, Community Inclusion, Environmental Justice, Fair Housing, Race Discrimination
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