Riccardi v. Plymouth Township Zoning Board of Adjustment

Forrest, J.,

— This is an action of mandamus against the board of adjustment and building inspector of a first class township to compel them to enforce the provisions of the zoning ordinance of such township and, specifically, to cause an existing building or part thereof erected by Gus Bono in violation of the ordinance to be torn down or removed. Defendants have objected preliminarily that the failure of the building inspector to institute proceedings is a legitimate exercise of a discretionary function giving rise to no cause of action on which a writ of mandamus will issue, and that…