Building Inspector of Holden v. Johnstone
This text of 258 N.E.2d 72 (Building Inspector of Holden v. Johnstone) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The building inspector appeals from a final decree permitting the defendant to keep on his premises as he had “for several years” one pony for his own use which the judge found was not commercial. The premises are in a “single-family . . . district.” The judge found that the area “is still a rural area,” that there was no evidence of nuisance, that the keeping of one pony would not substantially derogate from the spirit and purpose of the by-law or be detrimental to the public good. The section of the by-law relied upon by the plaintiff affords no guide in the circumstances. The holding in Pratt v. Building Inspector of Gloucester, 330 Mass. 344, 346-347, is not applicable.
Decree affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
258 N.E.2d 72, 357 Mass. 768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/building-inspector-of-holden-v-johnstone-mass-1970.