Zion Evangelical Lutheran Church of Detroit Lakes v. City of Detroit Lakes

The majority concede that "there may be rare cases where the officials act in so clearly an arbitrary and capricious manner that their action may be reviewed on mandamus" (Powell v. Township of Carlos, 177 Minn. 372, 375, 225 N.W. 296, 297; Romsdahl v. Town of Long Lake, 175 Minn. 34, 220 N.W. 166), but fail to apply that rule to the facts alleged in the petition in the instant case. I do not believe that the majority give consideration to the fact that we are not here determining whether petitioner is entitled to the writ after a trial on the merits. The appeal is from an order sustaining a…