Hadden v. Pierce

Duckworth, Chief Justice.

Any citizen has such interest in having public officers perform their duties as will authorize him to maintain mandamus proceedings for that purpose. Code § 64-101. In such action, although the official duty required is that of issuing a building permit, it is not a private right of the petitioner requiring a showing of irreparable injury as required by Code § 64-105. A filling station is not a nuisance per se; and it appearing from all the evidence in this record that the only evidence offered in opposition to the application for the permit was of property owners…