Jordan v. Swasey
Jordan v. Swasey
Opinion of the Court
The substantial question on the merits is whether the proposed covered way is permissible under St. 1907, c. 550. This statute regulates the “ construction, alteration and maintenance of buildings in the city of Boston,” both as respects the buildings themselves, and their relation to public streets and
At the hearing before the board of appeal it “appeared that sufficient means of egress satisfactory to the building commissioner had been provided in the building referred to in the petition without reference to the structure extending over and across Avon Street.” The requirements of §§12 and 17 having been met by means other than the proposed covered way, the way falls within the general prohibition of § 13. The ruling of the board of appeal was correct.
Petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.