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A Superior Court judge dismissed a lawsuit Monday that tried to force the town of Pittsboro to revisit last year’s decision letting Chatham Park build its nearly 5,000-acre South Village with little future public input.
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The Southern Environmental Law Center (SELC) filed the lawsuit in January on behalf of Chatham Climate Action Network, the Haw River Assembly; and 7 Directions of Service, a statewide Indigenous rights and preservation group.
The lawsuit accused the town of not complying with its 2015 development agreement for Chatham Park, a more than 8,500-acre community growing along U.S. 15-501, north and south of U.S. 64.
The town, joined by landowners Chatham Park Investors LLC and CP South LLC, claimed in its defense that the organizations did not have standing, or a legal right, to file the lawsuit. SELC has already appealed an Aug. 10 court order requiring the groups to give their members’ names and addresses to defense attorneys.
The defense further argued that the town followed local rules and state law in approving the South Village small-area plan — the largest of two Chatham Park small-area plans. The North Village, already occupied and under construction, is about 2,000 acres and includes Asteria, a Disney Storyliving community.
Chatham Park has not planned a third potential district, but at full buildout, the development could add over 22,000 residences, 60,000 people, and 22 million square feet of business, medical and commercial space to Pittsboro.
Superior Court Judge John Morris heard arguments from both sides Aug. 31. On Monday, he rejected the town and Chatham Park’s claim that the organizations did not have a legal right to sue, but dismissed the lawsuit “with prejudice.”
That means SELC and its clients cannot file a similar lawsuit again in Chatham County, but they can appeal the judge’s decision to a higher court.
Kimball said in an email Tuesday the judge’s ruling confirms “people connected to the Haw River, its sacred and cultural sites, and this community have a right to be heard on a project that will shape its future for generations,” even if the lawsuit was dismissed.
“We’re weighing our appeal, and either way, we’ll keep pushing the Town to build Chatham Park the right way — with the planning, infrastructure, and public oversight that responsible growth requires, so this doesn’t become a community that outpaces the roads, schools, and water systems meant to support it,” she said.
Attorneys for the town and Chatham Park declined to comment.
Residents are not opposed to the South Village or Chatham Park developments, said Megan Kimball, a senior SELC attorney, but they are worried about how the plan will be implemented and who will approve the details, such as street networks and the location of different land uses.
The Pittsboro town board’s 3-2 vote last year allowed Cary-based Preston Development to consolidate 16 smaller South Village areas into one, but left specific details about the decades-long buildout to town staff and the Planning Board.
That gives residents little say over future construction, and no one to hold accountable, Kimball said.
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“This lawsuit is not about stopping the Chatham Park development,” Kimball said. “The groups recognize that development is happening, that the region needs housing, and that a well-planned community could be the way to accomplish those goals.”
“They seek to hold the town accountable for the promises made in the master plan and the development agreement, and to make sure that the development moves forward as promised,” she told the judge.
Attorneys for CP South and Chatham Park Investors led the defense at the Aug. 31 hearing, appearing with town attorney Paul Messick.
Attorney Gavin Parsons alleged the plaintiffs are special interest groups “seeking to derail” the development of private property.
They lack standing to sue the town, because some of their members do not live in the community and are not directly affected by the development, he said. Those who have standing still can’t sue, because the South Village plan was approved following a lengthy public process that complied with state law, he said.
Parsons further argued that the groups can’t sue on their own behalf either, because one group is not local and none of them were formed specifically to address issues that they were raising about the South Village plan.
“We understand that the plaintiffs oppose this development. That is their right,” Parsons said. “They can and they did express their opposition through the democratic process. They lost, and the town has made its decision in accordance with North Carolina law, and the fact that they disagree should not permit this case to move forward and create further delay.”
The groups and their members have personal and legal interests in Indigenous rights and preservation, local advocacy for climate change action and the health of the Haw River, which hugs Chatham Park’s eastern border, Kimball argued.
Chatham Climate Action Network and the Haw River Assembly have been engaged for years in the Chatham Park planning process, she said, and the Assembly has called out extensive sediment violations from North Village construction and its effect on river life.
Not allowing them to sue on behalf of their members “would produce absurd results,” and eliminate an option for people, small businesses, and others who can’t afford to sue or risk a public lawsuit, Kimball said.
“It would bar Chambers of Commerce, faith-based organizations, home builder associations, farm bureaus, and other groups that have vast memberships in the region, statewide, even nationally, from ever bringing a lawsuit on behalf of their harmed members,” she said.
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This story was originally published September 15, 2026 at 9:42 AM.