§ 31-25-537 — When mandamus will issue

When any improvement authorized
by this part 5 is petitioned for by the owners of property to be assessed for more
than one-half of the entire costs estimated by the governing body to be assessed, it
is the duty of the municipal officials whose duty it is to act to authorize said
improvement, and an order in the nature of mandamus may issue out of any court of
competent jurisdiction requiring said officials to take such action as is required by
this part 5; but, if the material petitioned for is known to be worthless or of poor
quality or would not make a good, substantial, and reasonable permanent
improvement, the governing body may refuse to grant a petition for that reason. If a
material petitioned for or designated in the specifications is a patented or
proprietary article on which there can be but one bid, the governing body may
refuse to award a contract if the entire bid is excessive as compared with
improvements of equal value or may reject the bid or readvertise.

Legislative History

Source: L. 75: Entire title R&RE, p. 1200, � 1, effective July 1. L. 86: Entire section amended, p. 1052, � 15, effective July 1.