122 Main Street Corporation v. City

WILKINS, Justice. The holder of a freehold estate in possession in the city of Brockton, by this petition under G.L.(Ter.Ed.) c. 240, § 14A, and c. 185, § 1(j 1/2), both inserted by St. 1934, c. 263, seeks a determination as to the validity of two amendments to the city's zoning ordinance purporting to establish a central business area and to fix minimum height requirements for buildings in that area. The case was heard on a statement of agreed facts amounting to a case stated. The city appeals from the Judge's decision, wherein he ruled the amendments to be invalid. In 1926 a zoning ordinance and 'use districts map' divided the city into four use districts: residence, business, industry and unrestricted. At the same time a 'bulk districts map' was adopted placing in district 'A' substantially the areas designated as industry and business on the 'use districts map.' Included in district 'A' (and shown in the 'use districts map' as a business district) is a narrow strip running about four and one-half miles along both sides of Main Street. The widest part, near the middle of the strip, is about one and one-half miles long and one thousand feet wide. From this widest part an area about two thousand feet long and sixty feet wide is affected by the amendments in question, which were adopted in 1946.