State Ex Rel. Swart v. Molitor

Charles R. Swart, a registered land surveyor, appeals from a ruling by the District Court, Fifth Judicial District, Madison County, refusing mandamus against Lorraine P. Molitor, county clerk and recorder, and David Bowman, county examining land surveyor, and requiring them to approve and record a certificate of survey prepared by Swart. We affirm the District Court.

Swart had prepared a certificate of survey of a parcel of land containing 102,409 acres in Madison County and tendered it to Lorraine P. Molitor, county clerk and recorder, on December 7, 1979. Lorraine P. Molitor refused to file…