Winepol v. Town of Hempstead

Petitioners seek an order in the nature of mandamus requiring the town Building Inspector to issue three building permits. The properties in question lie within an area which the town seeks to acquire by condemnation for use as a swimming pool. The facts are not in dispute. The Building Inspector denied the permits “ on the grounds that we are in the process of condemning this property.” In so doing, he acted wholly without authority and, therefore, arbitrarily. It follows that petitioners are entitled to the judgment they demand.

The town does not deny that petitioners can make no use of…