mandamus


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mandamus

In the nature of an appeal, mandamus is a command from a court ordering a government authority, or a lower court official, to do some act that is within their power to do and they are supposed to do without exercising any discretion. One would appeal a decision to deny a building permit for construction with minor or inconsequential variances from code requirements. However,
one would seek mandamus if the permitting office acknowledged that all requirements had been met, but still refused to issue the permit. The decision of proper remedy—mandamus or appeal—is highly technical,and the wrong choice could result in the loss of all rights to reverse a decision.

References in periodicals archive ?
In In re Hijazi, the Seventh Circuit issued a writ of mandamus directing the district court to rule on a foreign defendant's motion to dismiss the indictment for lack of jurisdiction.
In finding for Pleus, though, he added the court was withholding the issuing of the mandamus writ, believing that Crist will comply without that.
Burris filed a motion pursuant to Supreme Court Rule 381(a) seeking leave to file a complaint for mandamus in the Illinois Supreme Court.
Mandamus means "we command" and requires the performance of a specified act by a court or official.
The decision vacated the lower court's order compelling the disclosure, and it granted a writ of mandamus to the petitioner law firm.
Mileikowsky did not need mandamus relief as long as the preliminary injunction remained in effect.
First, a thumbnail sketch of what the case holds and what the case asserts (in dictum): On application of William Marbury, the Supreme Court, acting (apparently) in original jurisdiction, issued an order to Secretary of State James Madison to show cause why a writ of mandamus should not be entered against him directing him to provide Marbury with his commission as a justice of the peace for the District of Columbia.
The estate refused to pay, arguing that the IRS was required by law to allow the full credit and filed a district court action seeking to obtain a writ of mandamus under 28 USC Section 1361 (the Mandamus Act) to compel the IRS district director to allow the credit.
In the event that your Rent Restoration Application lingers over a period of months, and you are losing significant sums of money keep in mind that you have the right to go to Supreme Court in an Article 78 mandamus proceeding to seek expeditious treatment of your Rent Restoration Application.
Filings Seek to Appoint Receiver for the Facility and to Obtain Order of Mandamus against the City of Harrisburg
But Sheila Lavery's MANDAMUS, winner of Cork maiden last week, looks a progressive sort and might chase home Royal Navy Ship.