FELLSWAY REALTY CORP. v. BLDG. COMMISSIONER OF MEDFORD


332 Mass. 471 (1955)

125 N.E.2d 791

FELLSWAY REALTY CORPORATION vs. BUILDING COMMISSIONER OF MEDFORD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

April 4, 1955.


Attorney(s) appearing for the Case

Emmanuel Kurland, for the petitioner.

Mark E. Gallagher, Jr., City Solicitor, for the respondents.

Present: QUA, C.J., LUMMUS, RONAN, WILKINS, & WILLIAMS, JJ.


RONAN, J.

This is a petition for a writ of mandamus for the issuance of building permits by the respondent building commissioner to enable the petitioner to erect a drive-in restaurant and a small storage building upon a parcel of land which it owns in the city of Medford. The plans and specifications for the proposed structures comply in every respect with the building code of the city, and the proposed use of the land is lawful and within the classification of uses...

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