State Ex Rel. Conly v. Klingmeyer

Carey, J.:

The question presented here is whether or not the stipulated facts justify summary judgment for the relief sought. That relief would consist of an order directing the rezoning of plaintiff’s land from the R-l-B classification to the C-l classification. Under familiar rules pertaining to summary judgments and actions of mandamus, it could be granted only if the undisputed facts clearly show the lands to be wrongly placed in R-l-B, and only if the Levy Court legally has the non-discretionary duty of placing the lands in C-l.

Plaintiff contends that the Levy Court’s action is an…