What is the plaintiff trying to show by seeking relief in the form of a writ of mandamus?

What is the plaintiff trying to show by seeking relief in the form of a writ of mandamus?

• A. The plaintiff seeks to compel approval by the board.
• B. The plaintiff seeks financial damages.
• C. The plaintiff must show that the building official has no discretion as to whether to issue the permit.
• D. The plaintiff seeks to halt construction.

Answer: (C)

A writ of mandamus is a court order directing a public official to perform a duty imposed by law. It is used when the duty is ministerial (nondiscretionary): once the applicant meets all mandatory requirements, the official has no real choice but to issue the permit. So, the plaintiff’s goal in seeking mandamus is to show that there is no discretion left for the building official in deciding whether to issue the permit, and thus the court should compel the issuance. If the official does have discretion, mandamus is not appropriate because the remedy cannot force a discretionary decision. The other options—damages, halting construction, or compelling the board to approve—do not align with mandamus's purpose, which is to compel performance of a legally mandatory duty.

A writ of mandamus is a court order directing a public official to perform a duty imposed by law. It is used when the duty is ministerial (nondiscretionary): once the applicant meets all mandatory requirements, the official has no real choice but to issue the permit. So, the plaintiff’s goal in seeking mandamus is to show that there is no discretion left for the building official in deciding whether to issue the permit, and thus the court should compel the issuance. If the official does have discretion, mandamus is not appropriate because the remedy cannot force a discretionary decision. The other options—damages, halting construction, or compelling the board to approve—do not align with mandamus's purpose, which is to compel performance of a legally mandatory duty.