Legal Opinion

Raymond v. Commissioner of Public Works of Lowell

Massachusetts Supreme Judicial Court

Decided January 3, 1956PublishedCited by 25 opinions

1Opinion of the CourtWhittemore, J.

The petitioners sought by mandamus to require the commissioner of public works of the city of Lowell to enforce the zoning ordinance of the city as it stood prior to an amendment passed by the city council on June 15, 1954.

This is an appeal of the petitioners under G. L. (Ter. Ed.) c. 213, § 1D, inserted by St. 1943, c. 374, § 4, from the final judgment of the Superior Court dismissing the petition as a matter of law on the report of the auditor, whose findings of fact were final.

There was no error.

The amendment of June 15, 1954, classified as an industrial zone an area on the easterly side…

2Cases cited8 opinions

  1. Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916
  2. Caires v. Building CommissionerMassachusetts Supreme Judicial Court · 1949
  3. Leahy v. Inspector of BuildingsMassachusetts Supreme Judicial Court · 1941
  4. Town of Marblehead v. RosenthalMassachusetts Supreme Judicial Court · 1944
  5. Lamarre v. Commissioner of Public Works of Fall RiverMassachusetts Supreme Judicial Court · 1949

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3Cited by25 opinions

  1. Lanner v. Board of Appeal of TewksburyMassachusetts Supreme Judicial Court · 1964
  2. Atherton v. Selectmen of BourneMassachusetts Supreme Judicial Court · 1958
  3. Schertzer v. City of SomervilleMassachusetts Supreme Judicial Court · 1963
  4. Huneke v. GlaspySupreme Court of Colorado · 1964
  5. Sylvania Electric Products Inc. v. City of NewtonMassachusetts Supreme Judicial Court · 1962

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