Colabufalo v. Public Buildings Commissioner of Newton

This petition for a writ of mandamus is brought by an owner of residential property in Newton to compel the public buildings commissioner, hereinafter called the commissioner, to enforce the city’s zoning ordinance with respect to certain property which adjoins the peti tioner’s land. On motion of the commissioner, DiCarlo Bros., Inc., and Lasell Realty Company were ordered to appear and answer and stand as the real parties respondent. G. L. (Ter. Ed.) c. 249, § 5, as amended. The commissioner thereafter did not actively participate in the defence of the case but it was stipulated that any…