City of Lawrenceville v. Humphries

Jordan, Justice.

Humphries initiated a petition for mandamus against the City of Lawrenceville to compel the issuance of a use permit for a multi-story apartment complex under a zoning ordinance in effect on August 2, 1971, alleging that he made application on that date, but that it was denied on the ground that all use permits were "frozen” because of pending proceedings for the adoption of a new zoning ordinance. After hearing, the trial judge denied the motion of the defendant to dismiss on the ground that the defendant was not the proper party, and then entered the following order:

"Plaintif…