Jenckes v. Building Commissioner of Brookline

The plaintiff who holds a written contract to purchase a vacant lot (lot 11, block 326, on the assessors’ plans) on Fairmount Street, Brookline, seeks declarations (a) that he is not prevented by certain provisions of the zoning by-law of Brookline from building on that lot a residence otherwise complying with the by-law, and (b) that he is entitled to a building permit. There appears to be no dispute about the facts, many of which are to be derived principally from three plans referred to informally in the pleadings and in the trial judge’s findings. Although counsel should have made sure…