Nectow v. City of Cambridge, 277 U.S. 183 (1928)

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Nectow v. City of Cambridge


No. 509


Argued April 19, 1928
Decided May 14, 1928
277 U.S. 183

ERROR TO THE SUPREME JUDICIAL COURT OF MASSACHUSETTS

Syllabus

The inclusion of private land in a residential district under a zoning ordinance, with resulting inhibition of its use for business and industrial buildings to the serious damage of the owner, violates the Fourteenth Amendment if the health, safety, convenience, or general welfare of the part of the city affected will not be promoted thereby. P. 188.

260 Mass. 441 reversed.

Error to a judgment of the Supreme Judicial Court of Massachusetts which dismissed a bill brought in that court by Nectow for a mandatory injunction directing the city and its building inspector to pass upon an application to erect any lawful buildings upon his land without regard to an ordinance including it within a restricted residential district.