The Daytona daily news. [volume] (Daytona, Fla.) 1903-1926, 1921-01-28
Test Case May Be
Made in Courts on
Building Permits

J. IA MoBain appf ared before Mayor
X. +. Niven this. morning charged
with constructing portion of
building on the west side of Live Oak
street without any permit having beer
obtained therefor. and contrary to and
IN violation OF any building permit is
sued or authorized" The complaint
was made by Councilman Frank Brad.
ley.
Mr.. McBain presented his permit,
which provided that this building
shall be placed the same distance back
from the street as the building situ-
ated on south side on adjoining lot;
in this connection, reference is had to
the main body OF the building and not
to the porches. II porch is placed on
building which this permit covers. it
shall conform in width to porch on ad-
joining building on south above re
ferred to-
( Councilman Bradley made a state
ment in which he said the defendant,
who represented Mrs. Nellie Robbins
the owner of the building, had started
TO build directly contrary To the pro-
visions OF his permit and that il he
was allowed to proceed he would dam
age the adjoining property materially.
He insisted that his action was neith-
er legal or neighborly and that it is
time the city found out whether its
ordinance ran be wantonly ignored
and violated without redress. He
called attention to the fact that the
permit particularly and specifically
stated just how the proposed new
building should be located with refer
ence 10 the building that had already
been constructed on the adjoining
properties He thought this was
very important question and that it
should be adjusted finally so that the
city and the property owners may
know what their rights are the fu-
ture
Clerk r. L. Selden. who issued the
permit. declared there had been di-
rect violation OF the permit and the
ordinance under which it was granted.
He maintained that as the defendant
was putting mp the building where the
tpermi; plainly provided Il should not
be built. the plaintiff was really pro
ceeding without any permit at all,
which is in direct violation OF the city
ordinance.
c. A. Randall cashier Of the East
Coast State bank, aud +. NJ. Williams
OF the Florida Realty company. who
are financially interested in the prop
erty adjoining the Robbins lot. were
present to assist in the prosecution.
MIR. Randall said if the defendant was
allowed to proceed their property
would be damaged thereby at least
from $500 to $1,000 He had offered
to pay Mrs. Robbins whatever it had
cost her so far il she would change
her operations to conform to the per
init. but that she and Mr.. McBain. had
both declined his offer.
Mr.. McBam in his own defense said
he did not think his neighbors should
have the privilege Of debating where
property owners should build on their
Town ground. He also insisted that the
motion 10 grant the. permit of Mrs
Robbins TO build was passed without
restrictions.
/ Both Mayor Niven and Clerk Selden
declared Mrs. Robbins had agreed
with them that she.would conform to
the provisions of the permit.
In deciding the matter Mayor Niyen
said that lie had endeavored while he
has been acting in an official capacity
to observe the golden rule in max
ing decisions wherever possible. as n
Ida not desire to deal uujustly with
ANY man or to bring unnecessarily any
hardship to any person. He thought
however. the defendant had no
treated mis- neighbors as he would iikt
I'd be treated under the same condl
tions aad that he was satisfied th'
terms of the permit had been ignored
He therefore imposed fine OF - ant
costs. but would remit The fine IN cas'
the defendant decided TO change hi
loperations and proceed to build &C
cording TO the permit. In case n
does not. it is understood the question
will go to the highest courts OF tn
state a. a test case for final adjudlca
ton. which. of course. would meal