Nathan v. Martin

TAYLOR, Judge.

Petitioner seeks a writ of mandamus to compel respondent Edward Martin, Commissioner of License and Inspection of the City of Wilmington [Commissioner] to cancel building permits issued for the construction of an apartment building to be located at 25th and Broom Streets, Wilmington, Delaware, and to order the work stopped. The builder-owner, Facciolo Construction Company [Facciolo] has intervened.

Commencing in 1969, Facciolo had taken certain steps directed toward the ultimate construction of the apartment building. The land at that time was zoned R-5-B which permitted…