Humble Oil & Refining Co. v. Board of Aldermen

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, 284 N.C. 458, 202 S.E. 2d 129 (1974), does not preclude the application of this rule in the case sub judice. In Refining Co., supra, the petitioner had conditionally…