Gold v. Bldg. Com. of Warren Boro.

Opinion by

Mr. Justice Schaffer,

Plaintiff appeals from the refusal of the court below to award a writ of mandamus against the building committee of Warren Borough, compelling them to approve an application for a permit enabling him to erect a gasoline station on a lot in the borough.

Plaintiff was informed, when he took the matter up with the borough authorities, that a zoning ordinance, placing the lot in a restricted area, had passed two of the three readings required in the borough council. It passed council on the day he applied for the mandamus and was approved and became effective the…