Day v. Wright County

OPINION

FOLEY, Judge.

Stephan Day appeals from a November 15, 1985 order denying his petition for a peremptory writ of mandamus which sought to compel the Wright County Board of Adjustments to declare that certain real property Day owns constitutes a “buildable lot” and entitles him to necessary building permits and licenses. On appeal, Day contends that Wright County Ordinance Section 404 is a grandfather clause which deems his property “buildable” as a matter of law and that, accordingly, a peremptory writ of mandamus was the appropriate remedy. We reverse and remand.

FACTS

Appellant Stephan…