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i I varianc~ application (NV-313), as submitted by superAmcrica to the City on March 28, 1997. , and to iJsue a building permit to SuperAmerica. J3. SuperAmerica has suffered a wrong which is not only injurious to itselfbut also r to the gtlneral public in that the City has refused to act as required by law. SuperAmerlca has no I r plain., ~dy and adequate remedy in the ordinary course of law for the failure and refusal of the I I City to ~ct. I r , I , COUNT D (IN.n.rNc;TtVE RELIEF) i4. r I *50 SuperAJnerica is entitled to the isswmce of a temporary and permanent injunction requirin~ the City to approve Super America" site plan application (LP-325) and variance , appHca~on (NV-313). as submitted by SuperAmerica to the City on March 28. 1997, a11d to issue I I a building pennit to SuperAmerica. ~REFOR.E. plaintiff-petitioner Speedway SuperArnerica LLe requests judgment against ~fendant-respondent City of New Brighton as follows: I I I I I I , , , SuperAnterica incorporates by refere11ce paragraphs 1 through 23 into this count. 1. Issuing a writ of mandamus compelling the City to approve the applications of SuperAmerica as submitted to the City on March 28, 1997. and to issue a building permit to SuperAmerica. 2. Granting a temporary and permanent injunction directing the City to approve the applications of SuperAmerica as submitted to the City on March 28, 1997. and to issue a huilding pennit to SuperAmerica. 3. Granting and awarding SuperAmerica its costs and disbursements incutred in bringing and prosecuting this action. 4_ Granting and awarding such other and further relief as the court deems just and equitable. 7. ~9Z-~ 80/80'd SSO-! OlS8lSSZl9 N3^V~~ , ^a3NN3~-WOJ~ weZ~:80 88-90-JnV