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(DOWNLOAD) "State Ex Rel. Epp v. Mayor" by Supreme Court of the United States # eBook PDF Kindle ePub Free

State Ex Rel. Epp v. Mayor

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eBook details

  • Title: State Ex Rel. Epp v. Mayor
  • Author : Supreme Court of the United States
  • Release Date : January 13, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

Gary R. Epp (Epp) sought to address asserted violations of the zoning ordinances of the Town of Dubois by seeking mandamus against the city officials (Dubois) and injunction against Painted Valley, Inc. (Painted Valley), the owner of the property claimed to be in violation. The trial court ruled the remedy of mandamus would not lie because there was no identification of a clear, certain, and indisputable duty owed by Dubois, and no injunction against Painted Valley would be granted because it had complied with the applicable permit and certification procedures. Epp offers a number of contentions in seeking review of the order of the trial court, but all of them relate to the failure of Dubois to enforce the provisions of its zoning ordinances in connection with the construction of a metal storage building by Painted Valley. We agree with the trial court that Epp failed to demonstrate the propriety of a writ of mandamus, but we hold, in addition, Epps failure to pursue administrative relief and exhaust administrative remedies in accordance with the zoning ordinance forecloses the remedy of mandamus. We affirm the order of the trial court denying the writ of mandamus and dismissing the case.


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