Judge Rules Against Greenville Residents, Allows Gas Station

""We are deeply disappointed in this decision. It sends a troubling signal that meaningful public participation is only possible for those who can afford lawyers, appraisers, and other experts," said Anna Byers, Senior Counsel for Environmental Justice at SCSJ. "Ordinary residents who simply care about their neighborhood shouldn't face such a high barrier just to be heard. This ruling makes it far harder for everyday people to engage in decisions that directly affect their homes, their safety, and their community.""

"SCSJ, on behalf of residents of the Brookhaven community, filed an appeal challenging the special use permit for the RaceTrac gas station, which would be built next to their community. The residents had argued their due process rights were violated in not being heard when considering the permit and that the Board ignored key standards. Foster ruled that no constitutional violations occurred,"

A Pitt County Superior Court judge upheld the City of Greenville Board of Adjustment's approval of a Special Use Permit for RaceTrac to build a gas station and convenience store at 3201 North Memorial Drive, about 1,000 feet from Wellcome Middle School. Southern Coalition for Social Justice represented Brookhaven residents in an appeal claiming due process violations and ignored standards. The judge found no constitutional violations, concluded RaceTrac met required zoning standards, and determined procedural shortcomings did not prejudice the outcome. Brookhaven is historically Black-owned with many seniors, and Wellcome serves many low-income students concerned about health and safety impacts.

Read at SCSJ