Weiss v. Zack

(after stating the facts). The parties are concerned chiefly with securing a judicial construction of the building restrictions imposed upon this subdivision. Defendant says he is not erecting any building on the northerly 25 feet of the lot, and, while admitting his intention to make an entrance to the garage from Burlingame, attempts to justify his action in so doing by the fact that 25. feet off the northerly side of such lot has been acquired by the city, and since 1919 has been used for street purposes; that there being no record restrictions against the remainder of the lot, it follows…