Massachusetts General Laws

Mass. Gen. Laws ch. 139, § 16 (2026)

Abatement of common nuisances

✓ current as of July 2026

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Section 16. Upon an information filed by the district attorney for the district, or upon the petition of the board or officer having control of the police of a town or of not less than ten legal voters of a town, stating that a building, place or tenement therein is resorted to for illegal gaming, or is used for the illegal keeping or sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or houses a premises which is licensed under section twelve of said chapter one hundred and thirty-eight and on or in such premises alcoholic beverages are habitually served to persons who are intoxicated or alcoholic beverages are served to persons whom the operators of said premises know or have reason to know will operate a motor vehicle under the influence of intoxicating liquor in violation of subdivision (1) of section twenty-four of chapter ninety or is used for the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, the supreme judicial or superior court may enjoin or abate the same as a common nuisance.

Notes of Decisions

Cited in 4 cases, 1964–1976 · leading case: J. & J. Enter., Inc. v. Martignetti, 341 N.E.2d 645 (Mass. 1976).

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J. & J. Enter., Inc. v. Martignetti, 341 N.E.2d 645 (Mass. 1976). “G. L. c. 139, §§ 16, 16A. Jasper v. Michael A.”

Cleary v. Cardullo's, Inc., 198 N.E.2d 281 (Mass. 1964). “The plaintiffs who are taxpayers in Cambridge (see G. L. c. 139, §§ 16 and 16A, as amended by St.”

First Church of Christ v. Alcoholic Beverages Control Comm'n, 207 N.E.2d 880 (Mass. 1965). “We note that the petitioner cannot invoke the remedy provided by G. L. c. 139, §§ 16 and 16A, 1 as amended by St.”

Dubois v. Bd. of Selectmen, 319 N.E.2d 735 (Mass. App. Ct. 1974). “The plaintiffs have appealed from the interlocutory decrees sustaining the demurrers and from the final decree dismissing the amended bill.”

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