Milwaukie Co. of Jehovah's Witnesses v. Mullen

The appellant, Milwaukie Company of Jehovah’s Witnesses, a corporation, as petitioner, instituted this proceeding for a writ of mandamus directing the Mayor and Councilmen of the city of Milwaukie, Oregon (hereinafter called “the Council”) to issue a permit to appellant authorizing it to erect a church in an area of that city restricted primarily as a residential zone for single-family dwellings.

Upon the conclusion of the presentation of appellant’s evidence, the Council moved to discharge the alternative writ and dismiss the proceeding on the ground that the petitioner had failed to prove a…