City of West University Place v. Martin

Elmer C. Johnson, owner of a building lot within a zoning district of the City of West University Place, and J. Henry Martin, his contractor, applied to the proper authorities of the City of West University Place for a building permit to construct a frame or wooden residence. The city refused such permit, because the zoning ordinance called for the construction of a brick veneer or stucco house. Martin and Johnson filed suit in the district court, seeking a writ of mandamus to compel the city to issue such permit to authorize the construction of the house in accordance with the plans and…