Reseña de Zion Evangelical Lutheran Church Detroit

Zion Evangelical Lutheran Church Detroit de Supreme Court of Minnesota Resumen del Libro

Appeal by Zion Evangelical Lutheran Church of Detroit Lakes (hereinafter called petitioner) from an order sustaining a demurrer to an alternative writ of mandamus. Petitioner, after having purchased certain premises in the city of Detroit Lakes upon which to erect a new church, made formal application on June 5, 1944, for a building permit under the local zoning ordinance. The application having been denied on June 16, 1944, petitioner, approximately seven months later, commenced mandamus proceedings. Its petition for the writ, considered as true for the purpose of testing the demurrer, alleged that ""a full and complete hearing was had before the city council"" with a full presentation of all pertinent facts, but that said council arbitrarily and capriciously, in abuse of its discretion, disregarded the provisions of said ordinance, refused to issue a permit ""on a fictitious statement of fact to the effect that the construction of said church would increase the automobile traffic hazard and that said fictitious reason is without fact or foundation and untrue,"" and in fact arbitrarily refused said application ""upon no legal grounds whatsoever""; and further that said city council considered immaterial evidence in the form of ""a certain petition filed by objectors"" and refused ""to consider pertinent evidence presented by the petitioners."" The petition contained the usual averment that no other remedy was available.

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