Massachusetts General Laws

Mass. Gen. Laws ch. 231A, § 3 (2026)

Grounds for refusing declaratory judgment

✓ current as of July 2026

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Section 3. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceedings or for other sufficient reasons. The reasons for such refusal shall be stated in the record. The failure to exhaust administrative relief prior to bringing an action under section one shall not bar the bringing of such action if the petition for declaratory relief is accompanied by an affidavit stating that the practice or procedure set forth pursuant to the provisions of section two is known to exist by the agency or official therein described and that reliance on administrative relief would be futile. For the purposes of this section practice or procedure means the customary and usual method of conducting agency or official business.

Notes of Decisions

Cited in 49 cases (2 in the last 5 years), 1960–2025 · leading case: Boyd v. Jamaica Plain Co-Operative Bank, 386 N.E.2d 775 (Mass. App. Ct. 1979).

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Boyd v. Jamaica Plain Co-Operative Bank, 386 N.E.2d 775 (Mass. App. Ct. 1979). · cites it 2× “He also sought to exercise his discretion under G. L. c. 231A, § 3, by ruling, as an alternative ground for dismissal, that judicial resolution of the issues in Boyd II would not “terminate the controversy.”

Consol. Cigar Corp. v. Dep't of Pub. Health, 364 N.E.2d 1202 (Mass. 1977). “” G. L. c. 231A, § 3. 3 Consolidated also has adult workers.”

Tsongas v. Sec'y of the Commonwealth, 291 N.E.2d 149 (Mass. 1972). · cites it 2× “" G.L.c. 231A, § 3, inserted by St. 1945, c.”

Gardner v. Rothman, 345 N.E.2d 370 (Mass. 1976). “G. L. c. 231A, §§ 3, 9. We think the judgment will settle the question whether, as the mother contends, visitation by the father rests entirely in her discretion.”

Gallo v. Div. of Water Pollution Control, 372 N.E.2d 1258 (Mass. 1978). “G. L. c. 231A, § 3, as amended by St. 1974, c.”

Gill v. Bd. of Reg. of Psychologists, 506 N.E.2d 876 (Mass. 1987). “In addition, the board has not even had the opportunity formally to consider the “resignation” offered by the plaintiff.”

Wolf v. Comm'r of Pub. Welfare, 327 N.E.2d 885 (Mass. 1975). “G. L. c. 231A, § 3. The allegations of the bill do not show that a declaratory decree would not remove or terminate an uncertainty or controversy.”

Mun. Lighting Comm'n v. Stathos, 433 N.E.2d 95 (Mass. App. Ct. 1982). · cites it 2× “The plaintiff appeals, claiming that declaratory relief is appropriate in the present circumstances. We conclude that, because it is clear from the record that the entry of a declaratory judgment in this case “would not terminate the uncertainty or controversy giving rise to the…”

Ciszewski v. Indus. Accident Bd., 325 N.E.2d 270 (Mass. 1975). “” G. L. c. 231A, § 3. Although we acknowledge that resolution of the question whether the board has power to promulgate the discovery regulation might leave open questions regarding appropriate relief, this is not a sufficient reason to refuse declaratory relief in this case.”

Johnson Prods., Inc. v. City Council of Medford, 233 N.E.2d 316 (Mass. 1968). “G. L. c. 231A, § 3. For the reasons already stated, the declaratory decree must be reversed and a decree entered dismissing the bill.”

Mazzola v. Myers, 296 N.E.2d 481 (Mass. 1973). “They say that because a decree “would not terminate the uncertainty or controversy giving rise to the” proceeding (G. L. c. 231A, § 3), this court should decline to act on “[F]ederal questions raised by the .”

Cennami v. Dep't of Pub. Welfare, 363 N.E.2d 539 (Mass. App. Ct. 1977). “Whatever discretion the single justice may have had under G. L. c. 231A, § 3, the matters sought to be litigated were already the subject of litigation before other courts.”

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