Hester v. Thomson

Citations

• 35 Wash. 119
• 76 P. 734
• 1904 Wash. LEXIS 423

Syllabus

<p>Mandamus — When Lies — Issuance op Building Permit — Discretionary Powers op Budding Inspector — Appeal to Board op Public Works — Decision by Quasi Judicial Body — No Writ to Compel Change op Judgment. Where a building inspector must hear protests against the issuance of building permits, and refer reasonable objections to the board of public works, and his decisions are binding until reversed, and an appeal may be taken therefrom to said board, which hears the matter upon evidence taken, mandamus will not lie to compel such officers to issue a building permit for a livery stable, after objections and a hearing duly had before said board, upon which the board refused the permit, since the inspector and board exercise discretion, and have determined the matter in a judicial capacity, and mandamus does not lie to compel a change of judgment.</p> <p>Same — Action by Board — Construction op Ordinance. In such a case it cannot be claimed that the board has not acted, under an ordinance suspending proceedings until the matter is “adjusted” by the board, since that signifies simply a determination by the board.</p> <p>Same — Motion to Quash Writ — Demurrer—Conclusions Not Admitted. A motion to quash a writ of mandamus for want of sufficient facts performs the office of a demurrer, and only admits the facts stated, and not the conclusions drawn therefrom; and a conclusion that defendants acted capriciously and arbitrarily is unavailing in the absence of facts in the petition showing such action.</p>