Attorney General v. Ayer
Massachusetts Supreme Judicial Court
Information in equity, at the relation of the Harbor and Land Commissioners, for the removal of the porch of the Spiritual Temple, situated on the corner of Newbury Street and Exeter Street, on the Back Bay in Boston. Hearing before W. Allen, J., who reserved the case for the consideration of the full court, in substance as follows.
Read the full summary
Information in equity, at the relation of the Harbor and Land Commissioners, for the removal of the porch of the Spiritual Temple, situated on the corner of Newbury Street and Exeter Street, on the Back Bay in Boston. Hearing before W. Allen, J., who reserved the case for the consideration of the full court, in substance as follows. The defendants hold the premises in question under a deed from the Commonwealth, dated March 11, 1885, containing the following stipulations and agreement: “ That any building erected on the premises shall be at least three stories high for the main part thereof,…
1Opinion of the CourtHolmes, J.
The allowance of “ steps, windows, porticos, and other usual projections appurtenant to said front wall ” in the reserved space of twenty-two feet is shown not to be confined to projections closely similar to porticos, using that word in a nar- , row sense, by the limitation set upon the allowance when the projection is in the nature of a bay window or octagon front. Bay windows and octagon fronts cannot be said to resemble porticos, however the word “ portico ” be interpreted. The general scope of the permission, then, is to sanction any projections incident to the front wall which are usual…
2Cases cited3 opinions
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
- Attorney General v. GardinerMassachusetts Supreme Judicial Court · 1875
- Hubbard v. City of TauntonMassachusetts Supreme Judicial Court · 1886
3Cited by2 opinions
- Town of Darien v. WebbSupreme Court of Connecticut · 1932
- Reid v. GratMassachusetts Supreme Judicial Court · 1927