4 The Tar Heel Thursday, July S. 1980
news
Wendy's fe-ppan
early this month
despite difficulty
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 said.
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
local traffic.
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,
Hargrave said.
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!
affected.
"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
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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
said.
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.
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irecYor
being sought
The search for a successor to retiring
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Taylor's resignation became effective
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