Vanderbush
Vanderbush v. Board of Public Works
Opinion
Lead Opinion
Works, J.
This proceeding was instituted in the superior court for the purpose of procuring the issuance of a writ of mandate. The petition, which was filed November 16, 1921, alleges that petitioner, being desirous of constructing a five-unit bungalow court upon certain property in the city of Los Angeles, had made application to defendant board of public works for a permit to make the improvement and that the application was denied. Immediately after the filing of the petition, and on the day upon which it was filed, the court issued its alternative writ of mandate requiring defendant board to issue the permit or to show cause for its failure to do so. Defendant board did not issue the permit, but on November 28, 1921, filed its answer to the petition for the writ. The answer alleges, in connection with certain denials of averments of the petition, that the property upon which petitioner proposed to construct the bungalow court is located in a certain designated portion of Los Angeles, “that said portion ... is a highly improved residential district, and is improved with many expensive single family dwellings, ...” that “on or about the eighteenth day of October, 1921, the council ... of…