Hedgcock v. People

WILLIAMS, as chief building inspector of Denver, refused to issue a permit to Reed to construct a store building at the southwest corner of Colfax avenue and Adams street, only for the reason that the proposed structure was to be built, not fifteen feet back from the sidewalk line as provided in the zoning ordinance, but up to the line. Reed was unwilling to accept a permit which would require him to set his building back in accordance with the provision of the ordinance, and seeking the sort of permit which would allow him to build to the sidewalk, he applied to the district court for a writ of mandamus. To a judgment awarding the writ Williams prosecutes error. Two points are urged: First, that the ordinance is controlling and concludes Reed; and, second, that mandamus may not be invoked.