Headid v. Rodman

STUART, Justice.

Plaintiff brought this action in equity seeking a writ of mandamus directing the City of Sioux City through its appropriate officials to issue a permit to disconnect the home of a third party from his private stub sewer line. The trial court refused to order the writ on three grounds. (1) The ordinance under which the writ was sought did not call for a ministerial act but gave discretion to the officials who had not acted arbitrarily or capriciously in refusing to issue the permit. (2) The rights of a third party, not a party to the lawsuit, would be adversely affected. (3)…