State Ex Rel. Freeze v. City of Cape Girardeau

RENDLEN, Judge.

The City of Cape Girardeau and individually named city employees 1 appeal from writ of mandamus made absolute by the Cape Girardeau Court of Common Pleas on December 28, 1973, commanding appellants to issue a building permit to respondents (relators below) for construction of a service station and car wash on their property in the city. The cause was submitted on an agreed statement of facts. We affirm.

In 1968 respondents’ property had been zoned as a C-l district and under that classification respondents in 1971 filed a proper application for a building permit to erect a…