Rodrock appeals both rulings. Mandamus Rodrock argues that approval of a plat which conforms to a city's subdivision regulations is a ministerial act which may be compelled by an order of mandamus. Its argument is based on case law that predates the current statutory law. The law now requires that the planning commission consider various factors in evaluating a plat. Consideration of the factors requires the exercise of judgment and discretion.
Mandamus is a proceeding to compel performance of a specified duty.
Mandamus is an appropriate proceeding for the purpose of compelling a public officer to perform a clearly defined duty, one imposed by law, that does not involve the exercise of discretion. Mandamus will not lie to control the exercise of discretion by a public official. However, the statute defining the scope of the subdivision regulations has been significantly modified. Under the current statutes, the planning commission has the power to adopt a comprehensive plan. It also has the power to amend the plan by resolution to add its recommendations.