245 Mass. 563 | Mass. | 1923
Under St. 1913, c. 577, as amended by St. 1914, c. 119, after due notice and hearing, the defendant
On May 29, 1922, Cook sold the property at numbers 1508-10 Columbia Road to the defendant Hoar, and transferred to him by assignment “ a permit issued by the City of Boston for the erection and maintenance of an eight (8) car individual garage and a. gasoline station on the above described property.” Hoar now holds the legal title to this property as trustee for the defendant “ Columbus Associates,” a voluntary association. The defendant Cundari placed a shanty on the premises on either June 7 or 8, 1922.
This bill was filed on June 21, 1922, by Thomas F. Hanley and Richard Walsh. Hanley and the wife of Walsh, in 1914, when the permit was granted to Cook, were, as they are now, owners of land abutting on the premises at numbers 1508-10 Columbia Road. Notice of the public hearing required to be given by Sts. 1913 and 1914, supra, was duly served upon them; and the owner Walsh was present at the hearing and objected to the granting of the permit. The record does not disclose any change in the character of the neighborhood between the time of the issuance of the permit and the filing of the bill. Nor does it disclose an unsuccessful application to the board of street commissioners to revoke the permit, assuming, without decision, that the granting board has an inherent power so to do after notice and hearing for a good legal reason. General Baking Co. v. Street Commissioners, 242 Mass. 194. See Lowell v. Archambault, 189 Mass. 70.
Decree affirmed.-