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HUMBLE OIL & REFINING CO. v. BOARD OF ALDERMEN

No. 3.

209 S.E.2d 447 (1974)

286 N.C. 170

HUMBLE OIL & REFINING COMPANY and Flagler System, Inc., Petitioners, v. BOARD OF ALDERMEN OF the TOWN OF CHAPEL HILL et al.

Supreme Court of North Carolina.

November 26, 1974.

Attorney(s) appearing for the Case

F. Gordon Battle, Bryant, Lipton, Bryant & Battle, P.A., Chapel Hill, K. Byron McCoy, Newsom, Graham, Strayhorn, Hedrick, Murray & Bryson, Durham, for petitioner-appellant, Humble Oil & Refining Co.

John T. Manning, Chapel Hill, for petitioner-appellant Flagler System, Inc.

Haywood, Denny & Miller by Emery B. Denny, Jr., Chapel Hill, for respondents-appellees.

HIGGINS, Justice.

The factual background of this proceeding indicates that in the early stages, decisions were favorable to the petitioners. In the concluding stages, however, the Board of Aldermen disregarded the findings of the Planning Board and concluded "that the use would materially endanger the public health and safety if located where proposed and developed according to the plans as submitted." These findings are...

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