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Perry v. Commonwealth

74 N.E. 661, 188 Mass. 457, 1905 Mass. LEXIS 1200
CourtMassachusetts Supreme Judicial Court
DecidedJune 21, 1905
StatusPublished
Cited by1 cases

This text of 74 N.E. 661 (Perry v. Commonwealth) 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.

Bluebook
Perry v. Commonwealth, 74 N.E. 661, 188 Mass. 457, 1905 Mass. LEXIS 1200 (Mass. 1905).

Opinion

Barker, J.

The question is whether on June 2,1899, when St. 1899, c. 457, went into effect, limiting the height of buildings in the vicinity of the State House the lots of the petitioners were subject to a restriction under the provisions of St. 1892, c. 419, § 25, as amended by St. 1894, c. 443, § 9, such that no structures exceeding two and one half times the width of Hancock Avenue measured as provided in the last named statute, except church spires, could be erected on the land. Those provisions so far as is now material are that “ no building or other structure hereafter erected, except a church spire, shall be of a height exceeding two and one half times the width of the widest street [459]*459on which the building or structure stands, whether such street is a public street or place, or a private way.” Each of the lots adjoins the State House grounds, a strip of which eight feet wide in front of the petitioners’ lots, and extending northerly to Mount Vernon Street and southerly to Beacon Street, is surfaced with brick, is used by the occupants of the premises which [460]*460abut upon it on the west and by the public as a foot path, is separated from the rest of the State House grounds by a fence, and is known as Hancock Avenue. The respondent contends that Hancock Avenue is a street within the meaning of the provision quoted, and that as the street is the only one on which the lots abut and is but eight feet wide, the height of buildings to be erected on the lots, if built without a setback, is restricted to twenty feet.

[459]*459

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Related

Abihider v. City of Springfield
177 N.E. 818 (Massachusetts Supreme Judicial Court, 1931)

Cite This Page — Counsel Stack

Bluebook (online)
74 N.E. 661, 188 Mass. 457, 1905 Mass. LEXIS 1200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-commonwealth-mass-1905.