Palmieri v. Zoning Board of Appeals

The plaintiff assigns as error the action of the court in sustaining the demurrer. In his complaint the plaintiff alleges that the defendant, zoning board of appeals, refused to hear his appeal from the ruling of the zoning enforcement officer, and the plaintiff seeks a writ of mandamus to compel the defendant to conduct a hearing and render a decision. The defendant demurred to the complaint on the grounds that the plaintiff has an adequate remedy at law and that he also has no clear legal right to the performance of a ministerial act by the zoning enforcement officer. The lower court, in…