State Ex Rel. River Grove Park, Inc. v. City of Kettering

This is an action filed originally in this court wherein the relator seeks a writ of mandamus ordering the respondents to issue a building permit for the construction of commercial buildings in an area now designated as “Residence 1” by the Kettering zoning ordinances.

In January 1960, the relator entered into a written agreement to purchase approximately sixteen acres which is the subject of the present dispute. The agreement, however, is subject to the condition that the relator may terminate the agreement if it is unable to get the property rezoned from R-l to B-3 and B-l, as those…