Rudnick v. Murphy
Massachusetts Supreme Judicial Court
Petition, filed on May 7, 1912, by the owner and the mortgagee of a five-story stone apartment or tenement house on Hemenway Street in Boston, for a writ of certiorari addressed to the board of appeal of the building department of the city of Boston, created by St. 1907, c. 550, to quash the proceedings and decision of that board under § 8 of that statute granting an application of the trustees of the Fenway Trust, so called, for a permit for the erection of an apartment or…
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Petition, filed on May 7, 1912, by the owner and the mortgagee of a five-story stone apartment or tenement house on Hemenway Street in Boston, for a writ of certiorari addressed to the board of appeal of the building department of the city of Boston, created by St. 1907, c. 550, to quash the proceedings and decision of that board under § 8 of that statute granting an application of the trustees of the Fenway Trust, so called, for a permit for the erection of an apartment or tenement house at 60 Fenway on a lot of land adjoining the rear of the petitioners’ lot in a manner purporting to be…
1Opinion of the CourtSheldon, J.
Some very interesting and important questions are raised in this case, which we do not find it necessary to consider; for, if all other matters were decided in favor of the petitioners, we are yet of opinion that the writ of certiorari ought not to be issued for their relief.
*471The petitioners seek to compel the owners of the adjoining lot to build in a manner exactly opposite to that which they have themselves adopted. They would require these adjoining owners to leave in the rear of their lot a vacant space or yard of the width required by St. 1907, c. 550, § 55, although the petitioners…
2Cases cited14 opinions
- Railroad Company v. Soutter Et Al.Supreme Court of the United States · 1872
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- Overly's v. Overly's DeviseesCourt of Appeals of Kentucky · 1858
- Ward v. Board of Aldermen of NewtonMassachusetts Supreme Judicial Court · 1902
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- O'Brien v. TurnerMassachusetts Supreme Judicial Court · 1926
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