State Ex Rel. Gall v. Wittig

BeilfüSS, J.

From the briefs and arguments of counsel for the parties we deem the issues to be:

1. Is prohibition a permissible and proper remedy?

2. Does the ordinance, by its terms, exclude the proposed activities of the respondent ?

3. Is the ordinance as applied to the respondent constitutional?

The propriety of the proceeding by writ of prohibition is not seriously contested by the appellant. In his reply brief the appellant, in response to respondent’s claim that prohibition is an appropriate remedy, states, “We *603do not challenge this contention.” The appellant does, however, insist that…