Ward v. Inscoe

TYSON, Judge.

Robert Ward, Betty Moticka, James R. McCullough, Laura J. McCullough, Ralph E. Outcalt, and David Keith Johnson (“petitioners”) appeal the trial court’s order, which affirmed the Henderson Zoning Board of Adjustment’s (“Board”) issuance of a Special Use Permit to respondent Branch Banking and Trust Company (“BB&T”). We affirm.

I. Background

BB&T applied to construct a bank building in a mixed use neighborhood that is zoned for office-institutional use under the City of Henderson Zoning Ordinance (“Ordinance”). The plans included four drive-thru lanes. Section 300B of the Ordinance…