Linda Development Corp. v. Plymouth Township

Dissenting Opinion by

Judge Mencer :

I respectfully dissent. The lower court was confronted with a request to mandamus the issuance of a, building permit to the plaintiff under a zoning ordinance, the validity of which was the subject of two. unresolved lawsuits. The plaintiff, in bringing its action to compel the issuance of a building permit, had to depend on the validity of the ordinance under which it could apply for a permit. Until those two lawsuits were decided, there simply was no way the plaintiff could establish its clear right to mandamus relief, nor could the lower court grant such…