State, Ex Rel. Spiccia v. Abate

This is an action in mandamus originating in this court. Relator asks the court to issue a writ to compel respondents, Joseph Abate, Building Commissioners of the City of Richmond Heights and the City of Richmond Heights, to issue a building permit for the erection of a Dairy Queen restaurant on a parcel of real estate, on which he has an option to lease, known as Sublots Nos. 5 and 6 on Monticello Boulevard in the City of Richmond Heights. A building permit has been refused by the Building Commissioner on the grounds that the property is zoned for a Class U-5 Use which provides for general…