Perkins, Mayor v. Spicer

Opinion of the Court by

Commissioner Sandidge

Affirming.

Appellee, C. B. Spicer, desired to erect a building on a lot owned by him in the city of Harlan. He applied to the mayor and city council for a permit so to do.

The permit was denied; and appellee thereupon filed a petition in the Harlan circuit court setting up his grounds and served notice upon appellants that at a fixed time he would move the court for a writ of mandamus to compel them to issue to him the permit. Issue was joined by appellants, and upon the hearing at the time fixed the chancellor concluded that appellee was entitled to…