State Ex Rel. Popham v. Hamilton City Council

Relator, Jack E. Popham, petitioned for a writ of mandamus in the District Court. The presiding judge issued an alternative writ of mandamus ordering respondents to comply with the demands of the petition or show cause why they should not do so. At the show cause hearing the respondents, Hamilton City Council (City moved the court to dismiss. The court granted the motion to dismiss. Relator appeals from the order of dismissal.

In 1974 the City adopted Hamilton City Ordinance No. 411 (Ordinance). This Ordinance established certain zoning districts, regulations and restrictions, and created the…