Section 5. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.
In addition to the foregoing when a decree has already been entered declaring an administrative practice or procedure as defined in section two to be illegal, and a person not a party to the original action involving said practice or procedure is adversely affected by the same or similar practice or procedure by the same agency, said person may seek relief under this chapter by filing a petition for contempt against the agency or agent continuing said practice or procedure after the entry of said decree.
Notes of Decisions
D'Errico v. Bd. of Assessors, 424 N.E.2d 509 (Mass. 1981).
· cites it 9× “58A, § 13, and that a contempt action under G. L. c. 231A, § 5, would not lie. We granted the plaintiff’s application for direct appellate review.”
Nova Rsch., Inc. v. Penske Truck Leasing Co., 952 A.2d 275 (Md. 2008).
· cites it 2× “2d 563, 565 (1974) (holding that "[a] separate petition for consequential relief is not required by G.L. c. 231A, § 5, `where the court which hears the bill for declaratory relief has jurisdiction to grant the further relief'"); *291 Torbett v.”
McKenney v. Comm'n on Jud. Conduct, 402 N.E.2d 1356 (Mass. 1980).
· cites it 2× “Some time thereafter he filed in the Supreme Judicial Court for the county of Suffolk a "Petition for Contempt or Other Further Relief," under G.L.c. 231A, § 5. After hearing, the single justice granted the commission's motion to dismiss the plaintiff's petition on the basis…”
Gardner v. Rothman, 345 N.E.2d 370 (Mass. 1976).
“See G. L. c. 231A, § 5. Cf. Green v. Green, 351 Mass.”
Gilchrist v. Comm'r of Corr., 717 N.E.2d 279 (Mass. App. Ct. 1999).
“The other prisoners claimed to be “ ‘adversely affected by the same or similar practice or procedure’ as plaintiff pursuant to G. L. c. 231A, § 5.” The judge denied the petition as to the other prisoners on the ground that the injunction she issued on January 5, 1996, may not…”
Affiliated Hospitals Ctr., Inc. v. Rate Setting Comm'n, 389 N.E.2d 744 (Mass. App. Ct. 1979).
“(Affiliated), appeals from a judgment entered in the Superior Court denying further injunctive and declaratory relief pursuant to G. L. c. 231A, § 5. In its complaint, Affiliated asserts that a certain hospital charge control regulation 1 promulgated by the Rate Setting…”
Goldberg v. Goldberg, 391 N.E.2d 267 (Mass. App. Ct. 1979).
“See G. L. c. 231A, § 5.” Board of Health of No.”
Essex Co. v. Goldman, 258 N.E.2d 526 (Mass. 1970).
“The judge held that he was without jurisdiction under *434 G. L. c. 231A, § 5, to render a judgment for rent, and denied the prayer to retain jurisdiction for ninety days.”
Gardner v. Berkman, 312 N.E.2d 563 (Mass. 1974).
“A separate petition for consequential relief is not required by G. L. c. 231A, § 5, “where the court which hears the bill for declaratory relief has jurisdiction to grant the further relief.”
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