city in late 1968 and early 1969 became increasingly concerned with the growth and number of franchise restaurants along the street. It was their considered judgment that this type of growth was undesirable, and they concluded that it would be in the best interest of the city that the West Broad Street neighborhood become an extension of the business district with office and shop development.
To this end a series of informal and private meetings were held by several officials whose responsibility concerned planning, zoning and approval of site plans.  These meetings began in December 1968 and ultimately resulted in an amendment to the city's restaurant ordinance which was enacted and became effective on April 28, 1969.
In substance, this amended ordinance prohibited on West Broad Street free standingrestaurants, i.e. restaurants not contained in dominant buildings.  It is noted that notwithstanding there were a number of policy discussions and informal meetings held by city officials, it was not until March 20, 1969, at a joint meeting of the City Council and the Planning Commission, that the planning staff was directed to formulate the ordinance which was adopted on April 28, 1969.
Following disapproval of their site plan by the Planning Commission on March 17, 1969, appellees filed their petiton for a writ of mandamus on April 18, 1969, resulting in the final judgment of the court below granting the writ on July 1, 1969.  The effect of the writ was to permit the construction of the Red Barn restaurant on the location in question.
 