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Caf Risque / We Bare All Exit 10 Inc. v. Camden County

Petitioner was not entitled to a writ of mandamus to compel the county to reinstate a special use permit for a warehouse in a district zoned as interchange commercial because the county's zoning ordinance prohibited warehouses in interchange commercial areas.

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Appellant corporation Café Risque / We Bare All Exit 10, Inc., appeals the trial court’s dismissal of its request for mandamus relief that would have compelled appellee Camden County to issue it an occupational license, and to reinstate a special use permit that was revoked. We agree with the trial court that Café Risque was not entitled to mandamus relief under any conceivable set of facts, and therefore we affirm the dismissal of its petition for relief.

A corporation, I-95 Management, Inc., applied for a special use permit to construct a warehouse in a district zoned as ‘Interchange Commercial’ “IC”, in which commercial land uses are limited by ordinance to the following: filling stations, auto or truck repair shops, restaurants and lounges, hotels and motels, gift shops, and tent and trailer campgrounds. The ordinance also allows the issuance of special use permits in an IC zone for churches, banks, business offices, and plant nurseries.

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