Joe owned a house and wanted to make an addition that would double its size. He applied to the city hall for a building permit but was amazed at a new policy instituted by the engineering department, restricting the size of all buildings to 50% of the lot size. This was considerably less than what he wanted, and his request for a building permit was refused. Angry, he decided to proceed anyway. What should Joe do with respect to his legal position?
A) If Joe found out that the council had met and decided to demolish his addition, there is nothing he can do now as the decision has been made.
B) Even if Joe finds out that the city council is planing to take action against him, there is nothing he can do as he did fail to get a permit.
C) Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of certiorari.
D) Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of mandamus.
E) If Joe found out that the council had met and decided to demolish his addition, he should apply to the court for certiorari and an injunction.

Question

Quizplus · Accepted Answer

If Joe found out that the council had met and decided to demolish his addition, the best choice would be to apply to the court for certiorari and an injunction. Certiorari is a judicial review process that allows a higher court to review the decision of a lower court or administrative body, in this case, the decision by the engineering department to deny Joe's building permit. An injunction will prevent the city from demolishing Joe's addition until the legal issues are resolved in court.

Joe Owned a House and Wanted to Make an Addition