Howard Simpson Realty Co. v. City of Marietta

Candler, Justice.

Howard Simpson Realty Company filed mandamus proceedings against the City of Marietta, its governing body and its engineer to compel the issuance to it of building permits. Its petition as finally amended alleges: Petitioner owns certain lands which were annexed to and became a part of the defendant city in 1959. Its lands are not zoned by the city for any particular use and petitioner desires to erect thereon four-family apartment buildings. It is the custom and uniform practice of the building trade and the office of the defendant city engineer that, when multiple unit…