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4 The Tar Heel Thursday, July S. 1980
early this month
By Marc Barnes
Wendy's, a Georgia-based fast-food
chain, is scheduled to open its new
restaurant in Carrboro early in July with or
without a drive-in window, said local
attorney Doug Hargrave.
"It's going to be 'hot n' juicy' at, West
Main and Greensboro streets in Carrboro,"
Hargrave is representing Wenco Inc., the
parent firm of Wendy's, in a long legal
battle with the Carrboro town government
over whether the town would allow the
restaurant to build a drive-in pick-up
window in the new restaurant. The town
objects on grounds that it would disrupt
The restaurant's troubles began in
March when the town granted a
conditional use permit. Almost
immediately, Wenco entered into contracts
for construction work, fixtures, and
equipment. amounting to almost $300,000,
The town then obtained a temporary
restraining order against Wenco.
requesting that the building permit not be
issued until after a planned hearing on the
appeal of the original use permit. Wenco
appealed and the permit was granted,
attorney Michael Brough said.
As a result of that action, the town
enacted two ordinances. According to
Hargrave, the first one "prohibited left
hand turns onto the (Wendy's) property,"
and the second one said(that there were to
be no driveway cuts within 60 feet of the
intersection of West Main and Greensboro
streets, despite a previous ruling from the
state department of transportation
allowing such construction.
A third ordinance was passed after
construc tion began, creating a special zone
in which only restaurants with drive-in
windows were banned. Banks were no!
"That was nothing but a floating zone,"
Hargrave said. "It was called a B-4
ordinance, but it wasn't on a zoning map.
It seemed to be a floating around, about 20
AND THIS COUPON
COUPON GOOD THRU .
WEDNESDAY JULY W
NOT GOOD WITH ANY OTHER OFFER
WHILE SUPPLY LASTS
New Citrus Sodal
Sun.-Thurs. 11am - 2 am
Frl. & Sat. 11 am - 3 am
132 E. Franklin St. 967-5400
Staff photo by f bra Garrison
New Wendy's under construction in Carrboro
. . . town opposes restaurant's drive-in window
feet off the ground above our lot.
'Wc then filed suit because all those
measures were aimed at Wendy's."
Hargrave said. A 10-day restraining order
resulted, and Wenco applied to the
Carrboro , Board of Adjustment for a
conditional, use permit. After two public
hearings, construction was allowed to
continue, without a drive-in window.
Wenco appealed to the board and filed suit.
Judge Coy Brewer heard two days of
evidence and ruled that B-4 was
unconstitutional, and the window was
permitted. ."The traffic ordinances were
allowed to stand, because the court said a
traffic problem could happen sometime in
the future," Hargrave said.
The town of Carrboro will appeal the
favorable ruling on the drive-in window,
and Wenco will appeal the traffic
ordinances. The appeals probably wilj not
be heard in six months to a year, Hargrave
The chance that the drive-in window
may have to be bricked up seems remote to
Hargrave. "It's a possibility, but I feel 100
percent certain that we will prevail, that
the court will affirm us on that," he said.
" The restaurant will create 50 new jobs
in Carrboro, it beautified a ratty-looking
lot, and it improved the looks of the place
1000 percent," Hargrave said.
Brough said the town had authorized
him to file an appeal with the N.C. Court
of Appeals concerning the judge's ruling
on the drive-in window.
f -SHIRT NIGHT
Your Favorite Beverage
At Reduced Rates For Anyone
Wearing A Harrison's T-Shirt
Come and See Our New Long Sleeved T-Shirts!
EVERY MONDAY NIGHT THROUGH AUGUST
"WIN I 1
J. 11 Ktsfaurant tt Sir
M-F 11 JO am-2:30 pm
Bar open 11:30 am-2 am
Sat. 8:00 pm-2:O0 am
Have A Fantastic Lunch and
Dinner Downstairs Where It's Cool!
149 Franklin St.
The search for a successor to retiring
UNC Student Health Services director
James Taylor continues.
Taylor's resignation became effective
Tuesday. Sports Medicine Director Joe
DeWalt and Clinical Services Director Jim
McCutchan are serving as interim
directors, with assistance from Taylor, who
is staying on as a physician.
A committee chaired by Campus Y
Director Edith Elliott is searching for a
successor, and applications now are being
accepted, said Donald Boulton, vice
chancellor for student affairs the
administrative division which oversees
Student Health Services.
MON. Steak and cheese $2.50
TU ES. Barbeque chicken $2.25
with salad and
WED. Barbeque Beef $3.35
Ribs with salad
and french fries
THURS. Hot Roast Beef $2.50
. french fries
FRL Barbeque Plate $2.75
with french fries
slaw and hushpuppies
Fried shrimp $2.75
with french fries
BBQ Sandwich $1.60
MON. Hamburger steak $2.99
Spaghetti-All you $3.99
can eat with
salad and bread
TUES.Meat Roulade with$2.99
WED. Texas Platter with $2.99
THURS. Spaghetti with $2.50
Fried Shrimp $2.99
with salad and
ALL DAY SPECIALS
Chicken Salad Plate $2.25
Tuna Salad Plate $2.25
Chef Salad $2.25
Shrimp Salad $2.50
We are now open on Sunday
LUNCH 11:30-2:30 Mon. -Sat.
DINNER 5-9:30 Mon. Thurs.
5-10:30 Frl. & Sat.
1 1 a.m. - 9 p.m. Sunday
251 Amber Alley - Franklin St