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HUMBLE OIL & REFINING CO. v. BOARD OF ALDERMEN

No. 7315SC228.

202 S.E.2d 806 (1974)

20 N.C. App. 675

HUMBLE OIL & REFINING COMPANY, Petitioner, v. BOARD OF ALDERMEN OF the TOWN OF CHAPEL HILL et al., Respondents.

Court of Appeals of North Carolina.

February 20, 1974.

Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle by F. Gordon Battle, Chapel Hill, for petitioner appellant Humble Oil and Refining Company and Intervenor Flagler System, Inc.

Newsom, Graham, Strayhorn, Hedrick & Murray by K. Byron McCoy, Durham, for petitioner appellant.

Haywood, Denny & Miller by Emery B. Denny, Jr., Chapel Hill, for respondent appellee.

MORRIS, Judge.

As an optionee, petitioner has no standing to appeal from the order of the Superior Court. Appellate review of the order of a municipal board of adjustment is available only to the owner of the property affected by the ruling, and this right does not extend to a mere optionee. Lee v. Board of Adjustment, 226 N.C. 107, 37 S.E.2d 128 (1946). The holding of the Supreme Court in Refining Co. v. Board of Aldermen...

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