Barnes v. Austin

Mobley, Chief Justice.

This appeal is from a final order denying mandamus absolute.

Norman A. and Mary N. Barnes filed a petition for mandamus against the zoning officials of Henry County to require them to issue the appellants a building permit to build 24 additional kennel runs on their property.

Their property is in a district zoned agricultural residential, and one of the conditional uses permitted in this district is a commercial kennel. The appellants were awarded a building permit and use and occupancy permit in 1966 for "residence and dog kennel.” Their subsequent application for a…