Orange Stones Co. v. City of Reading, 32 A.3d 287 (Pa. Commw. Ct. 2011).
Mandamus action only available where party is clearly entitled to a permit.
Applicant sought a zoning permit from the City to continue to use its property as a preexisting, nonconforming personal care home. Believing the application did not meet the procedural requirements of the City’s Zoning Ordinance, the Zoning Officer rejected the application. Applicant filed mandamus actions requesting a peremptory judgment to compel the Zoning Hearing Board to issue the permit. Applicant stated in court that it intended to convert the property to a drug and alcohol abuse facility, a different use than the then existing nonconforming use. The Commonwealth Court affirmed the trial court’s denial of the mandamus action because Applicant failed to show that it was clearly entitled to a permit. Because Applicant was not clearly entitled to the permit, mandamus was not appropriate.
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