Back

G. A. Cuunjieng Vs. Fred L. Patstone 42 Phil 818

G. A. CUUNJIENG, plaintiff-appellee, vs. FRED L. PATSTONE, engineer of the city of Manila, defendant-appellant.

G.R. No. 16254 | 1922-02-21

D E C I S I O N


OSTRAND, J.:

This is a petition for a writ of mandamus to compel the city engineer of Manila to issue a building permit. There is no dispute as to the facts. The plaintiff desires to erect a warehouse on Azcarraga Street but is denied a building permit until he shall have made provision for the construction of an arcade over the sidewalk in front of the building and until he shall have further complied with section 1 of Ordinance No. 301 of the city of Manila, which reads as follows:

"Whenever the owner, person in charge, or any other person or entity having a right in any property located on the principal streets and avenues...