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HUMBLE OIL & REFINING CO. v. BOARD OF ALDERMEN

No. 31.

202 S.E.2d 129 (1974)

284 N.C. 458

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

Supreme Court of North Carolina.

January 25, 1974.

Attorney(s) appearing for the Case

Newsom, Graham, Strayhorn, Hedrick, Murray & Bryson, by K. Byron McCoy and Malvern F. King, Jr., Durham, for petitioner appellant.

Haywood, Denny & Miller, Chapel Hill, for respondent appellees.

SHARP, Justice:

The first question which Humble, the petitioner-appellant, discusses in its brief is whether it has standing to challenge the Board's denial of its application for the special use permit. This question was not raised at the joint hearing before the Aldermen and the Planning Board. However, in its answer to Humble's petition to the Superior Court for a writ of certiorari, after responding to the merits of each averment, the Aldermen alleged "that the...

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