287 Mass. 560 | Mass. | 1934
This is a petition for the assessment of damages alleged to have arisen from a taking of real estate and of the right to use real estate. The case was heard upon an agreed statement of facts and upon certain undisputed evidence in addition. The essential facts in their aspect most favorable to the petitioner might have been found by the jury to be these: The petitioner acquired title to the land in question in 1931 and has since been the owner. He
Shortly stated the contention of the petitioner is that his land or the valuable use of his land has been adversely affected by the exercise of the police power and that therefore he is entitled to damages against the municipality authorized by law to enact an ordinance pursuant to the police power. That contention is foreclosed against the petitioner in the circumstances here disclosed by authoritative decisions. The enactment of the zoning ordinance was a valid exercise of the police power. Inspector of Buildings of Lowell v. Stoklosa, 250 Mass. 52. Spector v. Building Inspector of Milton, 250 Mass. 63. Euclid v. Ambler Realty Co. 272 U. S. 365. Nebbia v. New York, 291 U. S. 502, 524-528. There is nothing in the record to indicate that that zoning ordinance was not enacted in the utmost good faith and solely for the public welfare. All property is held
Judgment for respondent.