Zion Evangelical Lutheran Church of Detroit Lakes v. City of Detroit Lakes

1 Reported in 21 N.W.2d 203. Appeal by Zion Evangelical Lutheran Church of Detroit Lakes (hereinafter called petitioner) from an order sustaining a demurrer to an alternative writ of mandamus.

Petitioner, after having purchased certain premises in the city of Detroit Lakes upon which to erect a new church, made formal application on June 5, 1944, for a building permit under the local zoning ordinance. The application having been denied on June 16, 1944, petitioner, approximately seven months later, commenced mandamus proceedings. Its petition for the writ, considered as true for the purpose of…