Cooke v. Board of Appeal
Massachusetts Supreme Judicial Court
Cooke v. Board of Appeal, 348 Mass. 792 (Mass. 1965)
205 N.E.2d 343; 1965 Mass. LEXIS 914
Cooke v. Board of Appeal
Opinion of the Court
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
Reference
- Full Case Name
- Bertha R. Cooke & another v. Board of Appeal of Lowell & others
- Status
- Published