County of Durham v. Daye

GEER, Judge.

Plaintiffs, the City of Durham and the County of Durham, appeal from the trial court’s final order requiring the City and County to pay damages and attorneys’ fees to the heirs and devisees of Edgar R. Daye and Ella M. Daye, the defendants in this case. Defendants had filed a motion pursuant to Rule 60 of the Rules of Civil Procedure, seeking relief from a judgment by default entered for non-payment of city and county taxes. In that motion, defendants also sought monetary relief for violation of their constitutional rights. With respect to the County, since a superior court judge…