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GREENVILLE, N.C. (Nov. 21, 2025) — A Pitt County Superior Court judge has cleared the way for a gas station to be built in the backyard of the Brookhaven community, represented by Southern Coalition for Social Justice (SCSJ), and next to a middle school in Greenville. 

Resident Superior Court Judge Jeffery B. Foster released his decision Thursday upholding the City of Greenville Board of Adjustment’s approval of a Special Use Permit allowing RaceTrac, Inc. to build a new gas station and convenience store at 3201 North Memorial Drive — only 1,000 feet away from Wellcome Middle School. 

“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.” 

Read the full decision here.

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, the evidence presented by RaceTrac met all required zoning standards, and any procedural shortcomings — such as the City not posting Board rules online — did not prejudice the outcome. 

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Wellcome Middle School serves many low-income students, and Brookhaven is a historically Black-owned neighborhood with many senior residents. Building a gas station nearby threatens the health, safety, and well-being of both groups. Increased noise, light, emissions, and traffic would disrupt daily life, endanger students walking to school, and harm community health. 

“This is a real disappointment for our community,” said Dr. Garrie Moore, President of the Brookhaven Community Association and one of the petitioners. “It feels like our very real health concerns about this gas station were overlooked, and that’s hard to accept when we’re the ones who will live with the consequences every day.” 

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Southern Coalition for Social Justice, founded in 2007, partners with communities of color and economically disadvantaged communities in the South to defend and advance their political, social, and economic rights through the combination of legal advocacy, research, organizing, and communications. Learn more at southerncoalition.org and follow our work on Facebook, Instagram, and LinkedIn. 



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Felecia Phillips Ollie DD (h.c.) is the inspiring leader and founder of The Equality Network LLC (TEN). With a background in coaching, travel, and a career in news, Felecia brings a unique perspective to promoting diversity and inclusion. Holding a Bachelor's Degree in English/Communications, she is passionate about creating a more inclusive future. From graduating from Mississippi Valley State University to leading initiatives like the Washington State Department of Ecology’s Equal Employment Opportunity Program, Felecia is dedicated to making a positive impact. Join her journey on our blog as she shares insights and leads the charge for equity through The Equality Network.

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