Lima

This is an appeal from a judgment denying appellant a peremptory writ of mandate to compel respondent Woodruff, as building inspector of the city of San Jose, to issue a permit for the construction of a combined residence and store building. After appellant and his architect had taken up orally with respondent Wood-ruff the matter of the issuance of such permit, but before any written application had been made therefor, a certain emergency Ordinance No. 2232 was adopted by the city council of San Jose which directed the building inspector not to issue any building permit for any building not in conformity to the provisions of a certain preliminary zoning ordinance, the adoption of which had been recommended to said city council by the planning commission. Under the terms of said zoning ordinance, which was afterward adopted by the council, a building of the character sought to be constructed by appellant upon his lot was prohibited.

Appellant’s contention that the emergency recital of said Ordinance No. 2232 is insufficient is answered by the case of Miller v. Board of Public Works; 195 Cal. 477, 496 [38 A. L. R. 1479, 234 Pac. 381, 388 ], The recitals of the emergency in the…