State Ex Rel. Wenatchee Congregation of Jehovah's Witnesses v. City of Wenatchee

(dissenting) — The majority have determined that “The action of the board was arbitrary and unreasonable,” and that, hence, a writ of mandamus should be granted *388compelling the board to issue a building permit, as provided by ordinance No. 1117 of the city of Wenatchee. I dissent for the following reasons:(1) The majority hold that, in this mandamus proceeding, “the trial court acted as a court of review for error of law and could not try the case de novo .” I do not agree. The sole issue before the trial court was the alleged conduct of the board of adjustment in arriving at its determination…