GREENVILLE, N.C. (July 16, 2025) — A Pitt County Superior Court judge has ruled in favor of the Brookhaven community, represented by Southern Coalition for Social Justice (SCSJ), by accepting evidence related to why they have a right to be heard about their opposition to a RaceTrac gas station being built in their backyard.
Resident Superior Court Judge Jeffery B. Foster granted in part a motion to supplement the record, which is what the hearing in June was about — his ruling means that the neighbors can bring in additional information showing why they believe a prior hearing before the city of Greenville’s Board of Adjustment didn’t meet standards of fairness and how they will be harmed by the City’s decision to grant the gas station permit.
The ruling allows an appraiser’s affidavit in the case to be added to the record for standing purposes (to show harm) only. An additional affidavit from Dr. Garrie Moore, President of the Brookhaven Estate Association, was also accepted in regard to how the Board violated Dr. Moore’s due process rights, although 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. In other words, the Brookhaven Petitioners can bring in evidence showing how they are harmed by this permit and by the Board’s unfair procedures, but they cannot bring in substantive evidence of facts that they wished the Board had considered.
“We feel grateful that the judge recognized the importance of affirming the community’s right to have these additional materials included,” said Anna Byers, Senior Counsel for Environmental Justice at SCSJ. “The Adams affidavit helps to show why the neighbors had the right to be heard on the issue of a possible RaceTrac being built near their homes, and Dr. Moore’s affidavit explains why the hearing before the Board of Adjustment was insufficient to protect the neighbors’ due process rights.”
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 and only 1,000 feet away from Wellcome Middle School.
The next hearing in the case will be RaceTrac’s motion to dismiss, which has not yet been calendared.
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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.
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.
