Bleuel

The plaintiff applied to the trial court for a writ of mandamus. The defendants appeared and answered. A trial was had before the trial court sitting without a jury and the trial court made findings in favor of the plaintiff. Prom a judgment entered thereon the defendants have appealed and have brought up a bill of exceptions.

The plaintiff had commenced the construction of a building for the purpose of conducting a riding academy near the corner of Daisy Street and Davenport Avenue in the City of Oakland. Thereafter the individual defendants, acting as the council of the City of Oakland, passed and enacted Ordinance 3183 regulating the erection and maintenance of riding academies; among other things the ordinance provided that before anyone commenced the operation of a riding academy he should apply to the council for a permit; the plaintiff applied for a permit, the permit was refused, and she commenced this proceeding. On the presentation of her application before the council theré were several hearings and many witnesses were called and examined. Many documents were produced and offered in evidence. Several members of the council went to the property owned by the plaintiff…