# City cannot “find” application for a permit, any legal course of action?

**URL:** <https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256>\
**Category:** Factual Questions\
**Created:** [May 21, 2020, 8:07pm UTC](https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256 "2020-05-21T20:07:42Z")\
**Posts on this page:** 9\
**Page:** 1

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**Author:** ![Mrdeals](https://avatars.discourse-cdn.com/v4/letter/m/ea666f/32.png) [@Mrdeals](https://boards.straightdope.com/u/Mrdeals)\
**Post date:** [May 21, 2020, 8:07pm UTC](https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256/1 "2020-05-21T20:07:42Z")

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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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**Author:** ![TheSundial](https://avatars.discourse-cdn.com/v4/letter/t/6f9a4e/32.png) [@TheSundial](https://boards.straightdope.com/u/TheSundial)\
**Post date:** [May 21, 2020, 8:14pm UTC](https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256/2 "2020-05-21T20:14:52Z")

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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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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [May 21, 2020, 8:20pm UTC](https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256/3 "2020-05-21T20:20:25Z")

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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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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [May 21, 2020, 8:26pm UTC](https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256/4 "2020-05-21T20:26:30Z")

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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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**Author:** ![Mrdeals](https://avatars.discourse-cdn.com/v4/letter/m/ea666f/32.png) [@Mrdeals](https://boards.straightdope.com/u/Mrdeals)\
**Post date:** [May 21, 2020, 8:43pm UTC](https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256/5 "2020-05-21T20:43:10Z")

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> [@TheSundial](#):
>
> 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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**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\
**Post date:** [May 21, 2020, 8:49pm UTC](https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256/6 "2020-05-21T20:49:02Z")

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> [@Little\_Nemo](#):
>
> 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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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [May 21, 2020, 9:48pm UTC](https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256/7 "2020-05-21T21:48:30Z")

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> [@Oakminster](#):
>
> 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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**Author:** ![Beckdawrek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beckdawrek/32/3647_2.png) [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)\
**Post date:** [May 21, 2020, 9:57pm UTC](https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256/8 "2020-05-21T21:57:59Z")

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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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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [May 22, 2020, 1:53am UTC](https://boards.straightdope.com/t/city-cannot-find-application-for-a-permit-any-legal-course-of-action/854256/9 "2020-05-22T01:53:45Z")

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Just out of curiosity, which city?
