Carrying Out the City Plan; the Practical Application of American Law in the Execution of City Plans

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Justice Peckham: The plaintiff in error duly applied to the justices of the supreme judicial court of the state of Massachu- setts for a mandamus against the defendants, who con- stitute a board of appeal from the building commis- sioner of the city of Boston, to compel the defendants to issue a permit to him to build on his lot on the corner of Arlington and Marlborough streets, in that city.
The application was referred by the justice presiding to the full court, and was by it denied (193 Mas
...s. 364, 1 18 Am. St. Rep. 523, 79 N. E. 745), and the plaintiff has brought the case here by writ of error.
The action of defendants in refusing the permit was based on the statutes of Massachusetts, chap. 333 of the Acts of 1904, and chap. 383 of the Acts of 1905.
The reason for the refusal to grant the building permit was because the building site for the proposed building was situated in one of the districts B, as created under the provisions of the acts mentioned, in which districts the height of the buildings is limited to 80, or, in some cases, to 100 feet, while the height of buildings in dis- tricts A is limited to 125 feet.


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