Mr Don's, Inc. v. Battle Creek

Plaintiff corporation owns a tract of land in the City of Battle Creek that is presently zoned for multiple dwellings. On three separate occasions, officers of thé corporation have sought, without success, to have the parcel rezoned for use as a fast food service restaurant. On March 24, 1969, they submitted an application for a building permit with the city, filing plans for such a restaurant. The building permit was denied on the ground that such a use was not permitted in an area zoned multiple dwelling.

The plaintiff then started the present action in April 1969, seeking a writ of mandamus…