Board of Permit Appeals v. Central Permit Bureau

Petitioners, board of permit appeals, and Hilton Hotels Corporation (Hilton), real party in interest, seek mandate to compel respondents, central permit bureau and Owens, Director of Public Works, and principal official of the central permit bureau, to grant petitioner, Hilton, a building permit in order to proceed with construction of a large commercial hotel in the city and county of San Francisco, pursuant to Building Code of the City and County of San Francisco, sections 301, 302 and 304, and section 39 of the Charter of the City and County of San Francisco.

Facts

Petitioner, Hilton Hotel Corporation (Hilton), is the owner of certain real property located in the city and county of San Francisco. Petitioner Hilton desires to erect a large commercial hotel thereon. Pursuant to Building Code of the City and County of San Francisco, sections 301, 302 and 304, which define the procedural steps to be taken, petitioner, Hilton, on February 2, 1960, sought to obtain a building permit from respondent, central permit bureau. The building permit was denied on May 26, 1960, in that the superintendent of the bureau of building and inspection had disapproved the plans and specifications…