Solved

Joe Owns a House and Wants to Make an Addition

Question 135

Multiple Choice

Joe owns a house and wants to make an addition that would double its size. He applies to the city hall for a building permit but is amazed by a new policy instituted by the engineering department that restricts the size of all buildings to 50% of the lot size. This is considerably less than what he wants, and his request for a building permit is refused. Angry, he decides to proceed anyway. Later, Joe finds out from a friend that on the agenda for the next closed session of council (to be held in two days) there is a request for an order to set an example of Joe and to demolish his addition. What should Joe do with respect to his legal position?


A) Joe should go to the court asking for a writ of mandamus.
B) Joe should go to the court asking for a writ of certiorari.
C) Even if Joe finds out that the city council is planning to take action against him, there is nothing he can do as he did fail to get a permit.
D) If Joe found out that the council had met and decided to demolish his addition, there is nothing he could do now, as the decision has been made.
E) Joe should apply to the court for certiorari and an injunction.

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