Colyer v. City of Somerset

Opinion op the Court by

Judge Siler —

Reversing-.

Sam Colyer and Rnby C. Chestnut, appellants, filed a petition seeking a mandamus to require issuance to them of a building permit by the City of Somerset, its mayor and council members, all appellees. The chancellor having refused the mandamus, the petitioners now appeal.

In the course of this trial, the parties stipulated, in substance, that the sole issue of this litigation is one involving the constitutionality of the following provision of a municipal ordinance adopted by the City of Somerset, viz.:

“Third: Before constructing- any business…