# Cooke v. Board of Appeal

> Massachusetts Supreme Judicial Court · March 1, 1965 · 348 Mass. 792

URL: https://www.frixlaw.com/law-library/cases/6447694

## Case

- **Full name:** Bertha R. Cooke & another v. Board of Appeal of Lowell & others
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** March 1, 1965
- **Citations:** 348 Mass. 792; 205 N.E.2d 343; 1965 Mass. LEXIS 914
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6447694

## Opinion text

Decree affirmed. This is an appeal from a final decree of the Superior Court annulling a decision of the board of appeal of the city of Lowell which granted a special permit for the addition of a building to what had been a preexisting nonconforming use. The trial judge ruled that “the absence of any standards in . . . [the material section] of the by-law is fatal and the by-law in effect is an unlimited delegation of the zoning power to the Board of Appeal.” We agree. We see no need for repeating the legal principle which was correctly stated by the *793 trial judge. Chilson v. Zoning Bd. of Appeal of Attleboro, 344 Mass. 406, 413 . Clark v. Board of Appeals of Newbury, ante, 407, 408-409.
Eugene L. Tougas for the defendants Samuel Cohen & another.
James D. O’Hearn (Francis G. Zaeharer with him) for the plaintiffs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6447694. Public record. Not legal advice.