Judge throws out noise violation against Durham church - WNCN: News, Weather for Raleigh. Durham, Fayetteville

Judge throws out noise violation against Durham church

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.