HEADID v. RODMAN

No. 54067.

179 N.W.2d 767 (1970)

Mahlon HEADID, Appellant, v. Mark R. RODMAN, individually, and as Building Inspector of the City of Sioux City, Iowa, William Hogan, individually, and as Plumbing Inspector of the City of Sioux City, Iowa, and the City of Sioux City, Iowa, Appellees.

Supreme Court of Iowa.

September 24, 1970.


Attorney(s) appearing for the Case

O'Brien & Galvin, Donald E. O'Brien, Sioux City, for appellant.

Robert C. Clem, Sioux City, for appellees.


STUART, Justice.

Plaintiff brought this action in equity seeking a writ of mandamus directing the City of Sioux City through its appropriate officials to issue a permit to disconnect the home of a third party from his private stub sewer line. The trial court refused to order the writ on three grounds. (1) The ordinance under which the writ was sought did not call for a ministerial act but gave discretion to the officials who had not acted arbitrarily or capriciously...

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