People ex rel. Parry v. Walsh

The relators seek to build a public garage in an area restricted to business uses and their application has been denied by the respondents constituting the board of appeals. The latter has the right to permit the erection of the contemplated garage if it sees fit to exercise it. The respondents in their return to the writ of certiorari state that their reason for denying the application was “ the best interests of the community ” and to prevent “ the desecration of the community.” The character of the community can be gathered from the character of the improvements now there. On one corner…