mandamus

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Related to Writ of mandate: Peremptory writ of mandate

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 ?
Mileikowsky filed a petition for writ of mandate alleging that he had medical and surgical privileges at ETRMC since his appointment to membership on its medical staff in 1996.
COURT'S OPINION: The plaintiffs petition for writ of mandate was granted.
Tonsekar filed a petition for a writ of mandate seeking to set aside and reverse the decision sustaining summary suspension of his medical staff privileges.