HomeMy WebLinkAbout0580 Petitioners subanitted with their application the requisite plana,
specificatiori and fees for the proposed construction. (See attached
Sxhibits 8 and C).
6. The aforesaid property is zoned B-1 - Neiqhborhood Com~aer-cial,
and this classification is conaistent with the permit souqht. Neither
is the recorded Warranty Deed subject to any reatrictive convenants.
7. On June 13, 1978, at the City Commisaioner's meeting in Port
St. Lucie Flarida, the City Ca~nissioners instructed the Buildinq ~
Official not to issue the requested permit. Such action has not been
provided for in the Ordinance of said CITY, or the Statutes of this
State or the comnwn law. ~
8. Petitfoners~have submitted all required site plans for~
review but prior to such review and in violation of any valid ordinance.
the City:~onnnissioners have instructed the Building Official not to
issue a permit. ~
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9. That the building permit sought in this actinn is.identical ~
to the building permit ~for that certain ten thousand (10,000) square f
foot single story CBS retail stores whi~h Respondents were compelled
-to issue to the Petitioners by way of Final Judgment in a matter pre-
viously before this Court. See attached Exhibit D.
10. Petitioners have no other plain, speedy and adequate remedy. ~
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11. Petitioners have exhausted all administrative remedies -
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~ available to them.
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4~ 12. The issues here involved ~~-issues of fact requiring ~
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: the takinq of testimony.
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WHEREAS, Pe~itioners maintain that they. are entitled to the ~
issuance of the building permit and after due request, the Respondents ~
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have wronqfully refused to issue such permit. -
AND WHEREAS, Petitioners.have sought the aid of the Court and ~
requested issuance of an Alternative Writ of Mandamus. ~
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NOW THEREFORE, we command you, RALPH LaCAANCE, as BUILDiNG OFFICIAL ~
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3 OF THE CITY OF PORT ST. LUCIE, and CITY OF PORT ST. LUCiE, to forthwith ~
~ issue to the Petitioners the building permit applied for on June 9, 1978,
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~ as afoiesaid, or to show cause on or before the a~ day of 3~~ ~,1978,
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~ why a peremptory writ of mandamus conunandinq you to do so should not isaue.
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~ DATED in Fort Pierce, St. Lucie County, Florida, this day
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of ~w•~,c ~ 1978.
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