A Pitt County Superior Court judge ruled in favor of the Brookhaven community, allowing them to submit further evidence against a RaceTrac gas station permit. The judge's ruling acknowledges the residents' claims of unfair hearings by the Greenville Board of Adjustment and their potential harm from the gas station's construction. Importantly, affidavits that substantiate their concerns about due process violations were accepted, while new substantive evidence not shown at the initial hearing remains inadmissible. This ruling affirms the community's right to contest the permit's approval based on due process concerns and assign harm.
The ruling allows an appraiser's affidavit in the case to be added to the record for standing purposes (to show harm) only.
Foster specified that any additional evidentiary allegations would not be admitted if they were not before the Board at the time of the original hearing.
The judge recognized the importance of affirming the community's right to have these additional materials included.
Dr. Moore's affidavit explains why the hearing before the Board of Adjustment was insufficient to protect the neighbors' due process rights.
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