Smith v. Building Commissioner of Brookline

On August 28, 1974, this court decided the case of Smith v. Board of Appeals of Brookline, 366 Mass. 197 (1974) (Smith I). In that case we affirmed a decree of the Superior Court annulling a decision of the board of appeals of the town of Brookline (board) which on appeal by the plaintiff had denied a petition by him for revocation of a building permit issued for an apartment building located at 175 Freeman Street in Brookline. The effect of our decision was to invalidate the building permit as issued and to require that the permit be reviewed and the building brought into compliance with…