PAUL A. BONIN, Judge.
The Clothesline Laundromat, Inc., operates five car washing facilities in New Orleans. The company sought the issuance of a writ of mandamus directed to the City of New Orleans acting through its director of safety and permits, Paul May. The company desired that the district
We reviewed this matter under the well-known manifest error standard. See Stobart v. State, through the Dept. of Transp. and Development, 617 So.2d 880, 882 (La. 1993). Because we too, like the district court, find that the action which the company seeks to compel is a discretionary function — and not a ministerial duty — of the public official, we affirm the district court's refusal to issue the writ of mandamus.
In our tripartite system of government, the judicial branch may not ordinarily interfere in the discretionary policy preferences and selections of the legislative and executive branches. The judicial branch may, however, issue a writ of mandamus "directed to a public officer to compel the performance of a ministerial duty required by law." La. C.C.P. art. 3863.
Here, the company insists that Mr. May undertake inspection of the car wash facilities of twenty-seven of its competitors, all of which it has identified to Mr. May, for the purpose of enforcing the City's zoning ordinances.
The company, however, suggests that Wilkinson supports the issuance of the writ in this case because on rehearing we indicated that the petitioning parties there had a means of obtaining relief "by ordinary means," in particular enjoining the offending property owners. See Wilkinson, 574 So.2d at 406-407 (on rehearing); see also La. C.C.P. art. 3862 ("A writ of mandamus may be issued in all cases where the law provides no relief by ordinary means or where the delay involved in obtaining ordinary relief may cause injustice.")
The company concedes that injunctive relief was available and appropriate against the offending property owner in Wilkinson, but argues that its situation is different because the individual expense of instituting and maintaining perhaps as many as twenty-seven proceedings for injunctive relief renders such an undertaking difficult and impractical. We reject its argument, first and foremost, because the difficulty and impracticality of such a course of action does not transform the enforcement of zoning ordinances by the city's director of safety and permits into a ministerial duty, which is a necessary condition to the issuance of a writ of mandamus in this case. We also reject the company's
Finally, the company suggests that the director or the City may have been acting arbitrarily or capriciously in enforcing the ordinances against the company but not against its competitors. Because the company did not present specific evidence of its competitors' violations (except arguably some photographs of the car washes themselves), there is no factual basis to reach the merits of the company's legal argument on this point.
Therefore, we affirm the judgment of the district court refusing to make the writ peremptory. Cf. La. C.C.P. art. 3866. All costs of the appeal are taxed to appellant. La. C.C.P. art. 2164.