Ryan

Plaintiff appeals from the judgment of the superior court denying a writ of mandamus by which appellant sought to compel the respondent Board of Supervisors to grant a permit to conduct and maintain a stable for horses at No. 817 Thirty-sixth Avenue, San Francisco.

This stable had been in continuous operation for a period of twenty years prior to the date of the trial, April 5, 1926. Appellant, as a tenant, maintained the stable from 1914 to 1918. In 1918 appellant intended and desired to purchase the stable from the then owner, Mrs. Marie Gommet. As his purchase was contingent upon obtaining a permit, application for the same was made in the name of Mrs. Gommet. The respondents required appellant to make extensive sanitary improvements within certain time limits. These improvements were made and the permit issued. Appellant purchased the stable and continued to operate it. In 1922 appellant applied for permission to make additional improvements and it then being noticed that the permit was not in his own name he was instructed first to procure such a permit. Application, being made for this permit, protests were received by the respondent Board of Supervisors against the…