Welch v. Swasey
Supreme Court of the United States
ERROR TO THE SUPREME • JUDICIAL COURT OF THE STATE OF MASSACHUSETTS. The plaintiff in error duly applied to the justices of the Supreme Judicial Court of the State of Massachusetts for a mandamus against the defendants, who constitute a board of appeal from the Building Commissioner of the City of Boston, to compel the defendants to issue a permit to him to build on his lot on the corner of Arlington and Marlborough streets, in that city.
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ERROR TO THE SUPREME • JUDICIAL COURT OF THE STATE OF MASSACHUSETTS. The plaintiff in error duly applied to the justices of the Supreme Judicial Court of the State of Massachusetts for a mandamus against the defendants, who constitute a board of appeal from the Building Commissioner of the City of Boston, to compel the defendants to issue a permit to him to build on his lot on the corner of Arlington and Marlborough streets, in that city. The application'was referred by the justice presiding. to tlje full court, and was by it denied (193 Massachusetts, 364), and the plaintiff has brought the…
1Opinion of the CourtJustice Peckham
The ground of objection of plaintiff in error to this legisla-' tion is that the statutes unduly and unreasonably infringe upon his constitutional rights, (a) .As to taking of property without compensation; (6) As to denial of equal protection of the laws.
- Plaintiff in error refers to the existence óf a general law in Massachusetts applicable to every city therein, limiting the height of all buildings to. one hundred and twenty-five feet above the grade of the street (acts of 1891, ch. 355), and states that he does hot attack the validity of that act in any respect, but concedes that' it is…
2Cases cited5 opinions
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- Minnesota v. BarberSupreme Court of the United States · 1890
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