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Old 05-21-2020, 03:07 PM
Mrdeals is offline
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City cannot “find” application for a permit, any legal course of action?


The city I live in just made it possible this year for retailers like me to resell fireworks.

Problem is, now they “can’t find” the permits.

Me, and several other retailers have been waiting a week for them to find the PDF file to print out.

Now we are coming up on prime fireworks selling time and fear on missing out.

Is there any legal course of action to force the city to “find” the application?
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Old 05-21-2020, 03:14 PM
TheSundial is offline
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You could try going to city hall in person which makes you look more invested over a phone call. Try calling a civil lawyer because they understand legal matters. There's probably not much you can do besides these two things.
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Old 05-21-2020, 03:20 PM
Little Nemo is offline
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IANAL but I believe what you want is a writ of mandamus. It's basically a court order telling a government official to do their assigned duties.
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Old 05-21-2020, 03:26 PM
Northern Piper is offline
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Who made the decision at the city to allow fireworks sales? Was it a council decision? The mayor? City manager?

Find out who made the policy change and contact them. Tell them that city bureaucrats are frustrating their policy change.
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Old 05-21-2020, 03:43 PM
Mrdeals is offline
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Quote:
Originally Posted by TheSundial View Post
You could try going to city hall in person which makes you look more invested over a phone call. Try calling a civil lawyer because they understand legal matters. There's probably not much you can do besides these two things.

Sorry, thought it was part of my OP, but yes, I have been in there 3 times this week already, it’s a huge opportunity for us in the summer months.
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Old 05-21-2020, 03:49 PM
Oakminster is offline
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Originally Posted by Little Nemo View Post
IANAL but I believe what you want is a writ of mandamus. It's basically a court order telling a government official to do their assigned duties.
Yes, a writ of mandamus may be appropriate here. The OP should consult a local attorney. Sometimes, things like this can get resolved with a phone call from your attorney to the city attorney. Other times, you have to litigate it.
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Old 05-21-2020, 04:48 PM
Saint Cad is offline
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Yes, a writ of mandamus may be appropriate here. The OP should consult a local attorney. Sometimes, things like this can get resolved with a phone call from your attorney to the city attorney. Other times, you have to litigate it.
From personal experience in Colorado a writ of mandamus is filed directly with the state Supreme Court.
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Old 05-21-2020, 04:57 PM
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You might call the City Attorney and tell him/her you're seeking counsel to get that writ thingy.
Might be just the push the City needs to come up with the permit.
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Old 05-21-2020, 08:53 PM
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Just out of curiosity, which city?
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