Kreger v. Public Buildings Commissioner of Newton

This is a petition for a writ of mandamus to require the public buildings commissioner of Newton to enforce a zoning ordinance and cause the inter-vener, Luther Paul Co. (Paul), to cease a use of premises at 35-47 Paul Street, in a Business B district, alleged to violate the ordinance. The judge made findings, ruled that Paul was not violating the ordinance, and ordered the petition dismissed. The record includes designated parts of the transcript of evidence. At issue is whether the ordinance expressly permits the new use and, if not, whether the new use can be supported as an enlargement…