State Ex Rel. Gulf Refining Co. v. DeFrance

This is an action in mandamus, originating in this court, seeking to require the respondents to issue a building permit to relator for the construction of a gasoline service station at the corner of Central avenue and Goddard road in the city of Toledo.

The demurrer to the petition having been overruled, respondents filed their answer herein, to which the relator filed a reply and then moved for judgment on the pleadings.

The salient facts admitted by the pleadings are as follows:

Relator purchased the premises in question on July 9, 1947, but because of deed restrictions which did not expire…