Massachusetts Supreme Judicial Court, 1941

Everts v. The Wine Cellar, Inc.

Everts v. The Wine Cellar, Inc.
Massachusetts Supreme Judicial Court · Decided February 26, 1941
308 Mass. 599; 32 N.E.2d 244; 1941 Mass. LEXIS 683

Everts v. The Wine Cellar, Inc.

Opinion of the Court

Decree affirmed with costs. The defendant’s illuminated sign is not shown to be a nuisance. If it unlawfully projected towards the street beyond a building line established under G. L. (Ter. Ed.) c. 82, § 37, the remedy must be sought by public authorities rather than by neighboring residents or proprietors. Hagerty v. McGovern, 187 Mass. 479. Mullholland v. State Racing Commission, 295 Mass. 286, 290, 291. Mayor of Cambridge v. Dean, 300 Mass. 174.

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