SYLVANIA SILICA COMPANY v. Berlin Twp.

Defendant appeals as of right from the mandamus order of the trial court requiring defendant to issue plaintiff a permit to conduct blasting operations on property located within defendant township. We affirm.

A dispute between the parties to this appeal arose in May of 1977. At that time plaintiff filed an application for a permit to excavate and remove sand and soil from land located within defendant township. Defendant denied the application. Plaintiff filed suit seeking a writ of mandamus compelling the issuance of the permit. In June of 1978, after a hearing on the matter, Visiting Judge…