Massachusetts General Laws

Mass. Gen. Laws ch. 231A, § 8 (2026)

Necessary parties; class actions

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 8. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or by-law or of a franchise, license, easement or other privilege granted by the commonwealth or a municipality thereof, the municipality, or the agency granting the privilege, as the case may be, shall be made a party and shall be entitled to be heard. If a question of constitutionality is involved in any proceeding under this chapter, the attorney general shall also be notified of the proceeding and be entitled to be heard.

Nothing set forth in this section shall bar the bringing of a class action for declaratory relief pursuant to the new rules of civil procedure.

Following entry of a final decree or order favorable to the petitioner or petitioners in a class suit, any member of said class thereafter aggrieved by any violation of said order or decree shall be entitled to compel compliance therewith by instituting contempt proceedings in said class suit.

Notes of Decisions

Cited in 70 cases (6 in the last 5 years), 1961–2024 · leading case: Buffalo-Water 1, LLC v. Fid. Real Est. Co., LLC, 111 N.E.3d 266 (Mass. 2018).

Sort: Relevance Newest Treatment

Buffalo-Water 1, LLC v. Fid. Real Est. Co., LLC, 111 N.E.3d 266 (Mass. 2018). · cites it 2× “2d 796 (1977) (explaining standing requirement); and that all necessary parties have been joined, see G. L. c. 231A, § 8 ("When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration .”

Moskow v. Boston Redevelopment Auth., 210 N.E.2d 699 (Mass. 1965). · cites it 4× “Carney, its "temporary" director, are made defendants allegedly because of G.L.c. 231A, § 8. *557 Also made defendants are New England Merchants National Bank of Boston, having a usual place of business at 28 State Street, and Andrew A.”

New Bedford Stand.-Times Publ'g Co. v. Clerk of the Third Dist. Court, 387 N.E.2d 110 (Mass. 1979). · cites it 2× “See G.L.c. 231A, § 8. [3] Apparently most of the information sought in this particular case is publicly available from the health officers of the various cities and towns served by the plaintiff.”

Commonwealth v. Rotonda, 747 N.E.2d 1199 (Mass. 2001). “276, § 55, as required by G. L. c. 231A, § 8. We therefore do not address it.”

Serv. Employees Int'l Union, Local 509 v. Dep't of Mental Health, 14 N.E.3d 216 (Mass. 2014). “The judge also concluded that the Superior Court lacked jurisdiction because the union had failed to join necessary parties to the action pursuant to G. L. c. 231A, § 8, and Mass. R. Civ. P. 19, 365 Mass.”

Sec'y of Admin. & Fin. v. Attorney Gen., 326 N.E.2d 334 (Mass. 1975). · cites it 2× “(Trustees) as a party defendant pursuant to G.L.c. 231A, § 8, also sought an order extending the time for filing a notice of appeal, pursuant to Rule 65 (a), of the Massachusetts Rules of Civil Procedure, 365 Mass.”

Pinnick v. Cleary, 271 N.E.2d 592 (Mass. 1971). “, and the Attorney General acting pursuant to G.L.c. 231A, § 8. SUMMARY OF CHAPTER 670.”

Kitras v. Town of Aquinnah, 833 N.E.2d 157 (Mass. App. Ct. 2005). “If it is not feasible to join such a person, “the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable.”

Feeney v. Commonwealth, 366 N.E.2d 1262 (Mass. 1977). “See G. L. c. 231A, § 8; Mass. R. Civ. P. 24 (d), 365 Mass.”

Attorney Gen. v. Kenco Optics, Inc., 340 N.E.2d 868 (Mass. 1976). “They would not be bound by the findings of facts or by the judgment, but they might be affected by the case as a precedent on an issue of law. We need not now pass on the form which declaratory or injunctive relief should take in such a case.”

Bunker Hill Distrib., Inc. v. Dist. Attorney, 379 N.E.2d 1095 (Mass. 1978). “See G. L. c. 231A, § 8. The judge ruled as follows: "1.”

Massachusetts Ass'n of Tobacco Distributors v. State Tax Comm'n, 235 N.E.2d 557 (Mass. 1968). · cites it 2× “Here, where the commission is a party and the plaintiffs represent the wholesalers, the retailers, and the individual consumer upon whom the tax falls, we think that there is no one who might have or claim any interest which would be affected by the declaration whose interest is…”

Show all 70 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.