Humble Oil & Refining Co. v. Board of Aldermen of Chapel Hill

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 tainted by evidence that the Board improperly considered a letter from the Highway Commission opposing the permit. This letter was dated nine days after the public hearing.…