State Ex Rel. Beerman v. City of Kettering

This is an action in mandamus originating in this court. The relator seeks a writ requiring the respondents to grant a zoning certificate and to compel the issuance of building permits for the construction of a retail shopping facility with self-contained parking in an area now designated as “Residential 1” and “Residential 3” by the Kettering zoning ordinances.

The respondents ’ initial challenge to the prayer of the petition is predicated upon the ground that mandamus is not the proper remedy to test the validity of the zoning ordinances which restrict the relator’s property to residential…