Storer v. Downey
Massachusetts Supreme Judicial Court
Petition, filed on November 12, '1912, for a writ of mandamus addressed to the superintendent of public buildings in Cambridge ordering him to issue to the petitioner a permit to erect a garage at number 41 on West Street in Cambridge. The facts which appeared by the petition, the answer of the respondent and the annexed exhibits are stated in the opinion. The case came on to be heard before Morton, J., who reserved it for determination by the full court.
1Opinion of the CourtRugg, C. J.
This is a petition for a writ of mandamus by a landowner against the superintendent of public buildings of Cambridge.
An ordinance of the city of Cambridge (passed under the authority of R. L. c. 104, § 1), provides that “No building shall be erected for or converted to use as a garage unless such use is previously authorized by the board of aldermen.” This is a valid exercise of the police power. The disagreeable incidents of a garage are well known. They have been adverted to frequently in recent decisions of this court. See, for example, Riverbank Improvement Co. v. Bancroft, 209 Mass. 217,…
2Cases cited9 opinions
- Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
- City of Salem v. MaynesMassachusetts Supreme Judicial Court · 1877
- Goldstein v. ConnerMassachusetts Supreme Judicial Court · 1912
- City of Newton v. JoyceMassachusetts Supreme Judicial Court · 1896
- Board of Health v. TupperMassachusetts Supreme Judicial Court · 1912
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3Cited by31 opinions
- City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
- General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
- Green Point Savings Bank v. Board of Zoning AppealsNew York Court of Appeals · 1939
- Lemir Realty Corp. v. LarkinNew York Court of Appeals · 1962
- Goldman v. CrowtherCourt of Appeals of Maryland · 1925
26 more not listed; retrieve them via the Exa API.