Town of Palm Beach v. State ex rel. Steinhardt

WALDEN, Chief Judge.

This is an appeal by the Town of Palm Beach from an order of mandamus entered by the trial court directing the Town to issue a paving permit to appellee, Mr. Stein-hardt. We reverse that order on the grounds that there was no clear legal right on the part of appellee to be issued that permit.

The Palm Beach Code § 33-1 defines basement as follows:

“Basement. A story, the floor of which is two feet or more underground and having at least one-half of its height above the average level of adjoining ground. Basement shall not be considered a story with regard to height…