Judge throws out noise violation against Durham church - WNCN: News, Weather

Judge throws out noise violation against Durham church

Posted: Updated:
DURHAM, N.C. -

New Hope Church faced a Durham noise ordinance violation charge, but a judge threw it out Tuesday morning.

She agreed to dismiss the charge after key witnesses were not in court, including one of the church's neighbors, Aleida Alvarez, who said she was aware the court case was happening.

"I apparently was the eight month pregnant lady who didn't get subpoenaed, but actually I was never subpoenaed. I was never approached. I wasn't called. No one came to my house to deliver papers. I had no idea I was supposed to be in court today."

The district attorney's office plans to appeal that decision.

The attorney representing upset neighbors says the case should have been continued.

"In this case, the neighbor's pain was not heard. That being said, we're happy and grateful that the state of North Carolina believes in our clients, believes that there are continued criminal violations of an ordinance and wants to press this matter to superior court," said David McKenzie, of Sands Anderson PC.

WNCN reached out to the church for comment Tuesday and was directed to an attorney who was not immediately available.

A separate ongoing civil case about the noise levels from new hope is set to go to court in May, McKenzie said.

Justin Quesinberry

Justin is a reporter for WNCN and a North Carolina native. He has spent the better part of the last decade covering the news in central North Carolina.  More>>

  • Durham CountyMore>>

  • DURHAM: New DA Echols sworn into office

    New Durham DA Echols sworn into office

    New Durham DA Echols sworn into office

    Tuesday, September 2 2014 1:27 PM EDT2014-09-02 17:27:38 GMT
    Durham's new district attorney will be sworn into office publicly Tuesday afternoon at 2 p.m.
    Durham's new district attorney will be sworn into office publicly Tuesday afternoon at 2 p.m.
  • Michael Brown forum at Duke stirs emotions

    Michael Brown forum at Duke stirs emotions

    Tuesday, September 2 2014 11:49 AM EDT2014-09-02 15:49:15 GMT
    Lesley McSpadden, right, the mother of 18-year-old Michael Brown, watches as Brown's father, Michael Brown Sr., holds up a family pictureduring a news conference Aug. 11, 2014, in Ferguson, Mo. (AP Photo/Jeff Roberson)Lesley McSpadden, right, the mother of 18-year-old Michael Brown, watches as Brown's father, Michael Brown Sr., holds up a family pictureduring a news conference Aug. 11, 2014, in Ferguson, Mo. (AP Photo/Jeff Roberson)
    Duke University professors lead a panel discussion about race, the role of police and how social media coverage of street protests in Ferguson Missouri shaped the Michael Brown shooting death story.
    Duke University professors lead a panel discussion about race, the role of police and how social media coverage of street protests in Ferguson Missouri shaped the Michael Brown shooting death story.
  • Granville Co. farmer donates 'ugly' corn to local charities

    Granville Co. farmer donates 'ugly' corn to local charities

    Saturday, August 30 2014 5:48 PM EDT2014-08-30 21:48:11 GMT
    Nearly $3,000 worth of corn was donated to the Produce Box by farmer Gary Fuller, of Granville County.Nearly $3,000 worth of corn was donated to the Produce Box by farmer Gary Fuller, of Granville County.
    Rather than throw away thousands of ears of "ugly but good" corn, foiled after very wet summer, a local farmer chose to donate them to the needy.
    Rather than throw away thousands of ears of "ugly but good" corn, foiled after very wet summer, a local farmer chose to donate them to the needy.
Powered by WorldNow

1205 Front St., Raleigh
N.C., 27609

Telephone: 919.836.1717
Fax: 919.836.1687
Email: newstips@wncn.com

Can't find something?
Powered by WorldNow
All content © Copyright 2000 - 2014 Media General Communications Holdings, LLC. A Media General Company.