State, Ex Rel. Basista v. Melcher

This is an original action, filed in this court, wherein the relator seeks a writ of mandamus directed to respondent requiring him to issue a building permit upon an application filed therefor.

The respondent had refused to issue such permit. The respondent is the Building Commissioner of the City of University Heights.

The relator is the owner of two vacant lots situated on the southside of Cedar Road just west of the intersection of Fen-wick and Cedar Roads in the City of University Heights. It is alleged in the relator’s petition that said lots are in a U-2 (two-family) residence district…