Security Co-operative Bank v. Inspector of Buildings

This is a petition for a writ of mandamus to compel the respondent, as building inspector of the city of Brockton, to enforce the zoning ordinance of that city. The single justice, having found the material facts, denied the petition as matter of discretion and then reported the case for determination by the full court.

The question presented by this form of report is whether as matter of law the petitioner is entitled to the writ despite the discretionary action of the single justice to the contrary. Boucher v. Salem Rebuilding Commission, 225 Mass. 18. Donnelly v. Trustees of Boston City…