Ingersoll v. Village of South Orange

This is an application for a mandamus. The Chief J ustice awarded a rule to show cause why a peremptory or alternative writ of mandamus should not issue against the building inspector, requiring him to give to relator, Ingersoll, a permit for the erection of a three-story apartment house for the accommodation of seventeen families.

It is stipulated that the building inspector refused to issue the permit because the city ordinance zoned the property in question against apartment-houses.

In our judgment the case falls within the principle of the Nittley case, and also within the principle…