Kenney v. Building Commissioner

This is an appeal from an order dismissing a petition for a writ of mandamus, brought in the Superior Court against the building commissioner of Melrose, to compel him to issue a building permit for the construction of a building designed for use as a garage and a conservatory. The case was submitted to the trial judge upon a statement of agreed facts.

The premises of the petitioner are located in a “Residence ‘A’ District” as defined by the zoning ordinance of the city. This ordinance provides in section 5, in so far as now material, that, within any Residence “A” or “A-l” district, except as…