Lederer Realty Corp v. Hopkins

• Decision Date: 28 December 1908
• Parties: LEDERER REALTY CORP v. HOPKINS.
• Court: Rhode Island Supreme Court

71 A. 456

LEDERER REALTY CORP

v. HOPKINS.

Supreme Court of Rhode Island.

Dec. 28, 1908.

Appeal from Superior Court, Providence and Bristol Counties; Charles F. Stearns, Judge.

Petition for mandamus by the Lederer Realty Corporation against Spencer B. Hopkins, inspector of buildings. Prom a judgment dismissing the petition, the petitioner appeals. Affirmed.

The following is the opinion of Stearns, J., of the lower court:

"This is a petition for a writ of mandamus, by which the question is raised as to the legal right of the petitioner to make certain proposed changes, etc., in the exterior and interior of a certain wooden building situated on the corner of Clemence and Weybosset streets in the First, or close, district, of the city of Providence. The building now has three stories in the front and two stories in the rear. The plan of the new building calls for a three-story wooden building, both in front and in rear, thereby increasing the rear of the building by one story, the height of the new building, however, not to exceed the height of the present building. To make the proposed changes, it is necessary to tear down practically the entire building above the first story, and to build two new stories of wood on the present first story. The proposed building, when completed, would be less dangerous as a fire risk than the building as it now stands. The witnesses differ as to the method of measuring the cubic contents of the present building and as to the cubic contents of the part of the building which is affected by the proposed change.

"Several questions are raised in this case, but the first question, which calls for a construction of certain sections of the building laws of the city of Providence, is decisive of the case. The building law is found in chapter 688, p. 116, Pub. Laws 1878, amended by chapter 1339, p. 26, Pub. Laws 1894. Section 7 of chapter 688 is as follows: 'Sec. 7. Any alteration in or addition to any building already erected, or hereafter to be built, except necessary repairs not affecting the construction of the external or party walls, chimneys or stairways, shall to the extent of such work, be subject to the regulations of this act. No building already erected, or hereafter built, shall be raised or built upon in such manner that were such building wholly built or constructed after the passage of this act, it would be in violation of any provision hereof.' Section 34 of chapter 688, as amended by chapter 1339, § 6, is as follows: 'Sec. 34. Any wooden building in the First district may be altered or repaired, subject to the approval of the inspector of buildings, provided its area or height is not increased; except whenever an old building shall be torn down or burned to the extent exceeding one-half of such building (such half to be measured in cubic feet),...