Opinion
No. 46442.
November 26, 1976.
Mandamus — recovery of attorneys fees.
Mandamus in the Hennepin County District Court upon the petition of Gary E. Johnson to compel the director of the Minneapolis Department of Civil Rights to investigate certain allegations of discrimination. The court, Jonathan Lebedoff, Judge, found that the director had determined that the organization complained of was not a "public accommodation" and ordered a peremptory writ to issue against the Minneapolis Commission on Human Relations requiring it to promulgate certain rules and regulations for making such a determination. Petitioner thereafter appealed from an order denying his motion for attorneys fees. Affirmed.
Wetherbee Baker and Jack Baker, for appellant.
Walter J. Duffy, Jr., City Attorney, and Jerome R. Jallo, Assistant City Attorney, for respondent.
Considered and decided by the court without oral argument.
The issues raised in this appeal are governed by our decision in Fownes v. Hubbard Broadcasting, Inc. 310 Minn. 540, 246 N.W.2d 700 (1976), wherein we determined that attorneys fees and related costs are not recoverable in a mandamus action under Minn. St. 586.09.
Affirmed.