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 ?
* Prohibition--Unlike under Florida law, federal writs of prohibition are closely related to federal writs of mandamus, such that the two are often sought in tandem and spoken of interchangeably.
Why is mandamus to deliver a commission an appropriate remedy in the first place?
Again, our hunch could only be validated or negated once the court rules on the mandamus case of the rejected Bai Cherry Ann Codilla.
Brown says he wants the petition for the alternative writ of mandamus to lie because the Minister of Justice granted the protesters' request without designating a specific venue where the government and the COP will meet for the presentation of the COP's petition on June 7.
The plaintiffs asked for the Cole County Circuit Court to issue a writ of mandamus ordering the commission to allow the claims to proceed.
It sought a court order called a writ of mandamus forcing the NFL to implement a rule allowing Commissioner Roger Goodell to investigate "extraordinarily unfair acts" that affect the game.
In a 27-page petition for mandamus lodged before the high court, Andaya, who was joined by a group of state workers, said Budget Secretary Benjamin Diokno should be compelled to release funds under the fourth tranche of adjustments under the Salary Standardization Law (SSL).
The decision came after the Rhode Island Department of Labor and Training filed a petition with the 1st Circuit for a writ of advisory mandamus directing the U.S.
India's Supreme Court has refused to issue writ mandamus to forestall their repatriation.
The NGO is praying the court to grant it leave to seek an order of mandamus to compel the IGP to probe the forgery allegation against the minister.
Mandamus Court, off of Oregon Route 217, has one- and two-bedroom townhomes.
In an order entered at 3:21pm Eastern, a trio of Circuit Judges approved the Order denying Emergency Petition for Writ of Mandamus filed by Prometheus Radio Project and Media Mobilizing Project.