Beres v. City of New Berlin

It is well settled that mandamus will not lie to compel the performance of an official act when the officer’s duty is not clear and requires the exercise of judgment and discretion. Wisconsin Pharmaceutical Asso. v. Lee (1953), 264 Wis. 325, 58 N. W. (2d) 700. It is equally true that “mandamus is not a proper remedy to control the acts of municipal bodies when acting within the scope of their legal powers, on matters in respect of which they are vested with discretion . . . .” 55 C. J. S., Mandamus, p. 212, sec. 124 (2).

This court has held that the exercise of the zoning power is “a field of…