McCabe v. Hawk

OPINION

WALTERS, Chief Judge.

Plaintiffs filed a five-count complaint in 1979 against the county commission, the district attorney, the sheriff, the Air Quality Control Board, and Rubi Metals, Inc., requesting mandamus, injunction, and damages in the various counts. The trial court dismissed Counts I, II & V of the complaint; plaintiffs appeal.

Count I requested rescission, by mandamus, of a special use permit for a “scrap metal business” originally issued to Rubi Metals in 1969 and reissued in 1973, on grounds that the county commission was without authority to grant a permit not provided for…