Hudson Properties, Inc. v. City of Westwood

The opinion of the court was delivered by

Wertz, J.:

This action was brought to compel the City of West-wood and its governing body, defendants (appellants), to issue a building permit to Hudson Properties, Inc., plaintiff (appellee), for construction of a service station in that city. The service station was to be built on property already zoned for retail business with specified uses, including “gasoline and oil service stations.” After the city council denied the plaintiff’s request for a permit, this action was filed and it resulted in judgment in plaintiff’s favor.

The parties stipulated…