City of Newton v. Belger
Massachusetts Supreme Judicial Court
Bill in equity, filed April 19, 1886, against Thomas Belger and Mary E. Belger, to restrain the defendants from erecting a building on land owned by the second-named defendant in the plaintiff city, to be used as a blacksmith shop, and to compel the removal and abatement of the same as a nuisance.
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Bill in equity, filed April 19, 1886, against Thomas Belger and Mary E. Belger, to restrain the defendants from erecting a building on land owned by the second-named defendant in the plaintiff city, to be used as a blacksmith shop, and to compel the removal and abatement of the same as a nuisance. Hearing before Devens, J., who ordered a decree to be entered for the plaintiff, in accordance with the prayer of the bill; and reported the case for the consideration of the full court. The facts material to the point decided appear in the opinion.
1Opinion of the Court
Morton,- C. J.
The St. of 1872, c. 243, reenacted in the Pub. Sts. c. 104, § 1, provides that any city or town, except Boston, which accepts the statute, “ may, for the prevention of fire and the preservation of life, by ordinances or by-laws not repugnant to law, and applicable throughout the whole or any defined part of its territory, regulate the inspection, materials, construction, alteration, and use of buildings and other structures within its limits,” with certain exceptions not material in this case.
It was held in Salem v. Maynes, 123 Mass. 372, that this statute is constitutional,…
2Cases cited1 opinion
- City of Salem v. MaynesMassachusetts Supreme Judicial Court · 1877
3Cited by50 opinions
- Cicero Lumber Co. v. Town of CiceroIllinois Supreme Court · 1898
- Leahy v. Inspector of BuildingsMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. MaletskyMassachusetts Supreme Judicial Court · 1909
- City of Richmond v. DudleyIndiana Supreme Court · 1891
- Building Commissioner v. C. & H. Co.Massachusetts Supreme Judicial Court · 1946
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