Massachusetts General Laws

Mass. Gen. Laws ch. 240, § 14A (2026)

Municipal zoning ordinances, etc.; petition for judicial determination of validity

✓ current as of July 2026

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Section 14A. The owner of a freehold estate in possession in land may bring a petition in the land court against a city or town wherein such land is situated, which shall not be open to objection on the ground that a mere judgment, order or decree is sought, for determination as to the validity of a municipal ordinance, by-law or regulation, passed or adopted under the provisions of chapter forty A or under any special law relating to zoning, so called, which purports to restrict or limit the present or future use, enjoyment, improvement or development of such land, or any part thereof, or of present or future structures thereon, including alterations or repairs, or for determination of the extent to which any such municipal ordinance, by-law or regulation affects a proposed use, enjoyment, improvement or development of such land by the erection, alteration or repair of structures thereon or otherwise as set forth in such petition. The right to file and prosecute such a petition shall not be affected by the fact that no permit or license to erect structures or to alter, improve or repair existing structures on such land has been applied for, nor by the fact that no architects' plans or drawings for such erection, alteration, improvement or repair have been prepared. The court may make binding determinations of right interpreting such ordinances, by-laws or regulations whether any consequential judgment or relief is or could be claimed or not.

Notes of Decisions

Cited in 100 cases (11 in the last 5 years), 1960–2025 · leading case: Banquer Realty Co. v. Acting Bldg. Comm'r, 389 Mass. 565 (Mass. 1983).

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Banquer Realty Co. v. Acting Bldg. Comm'r, 389 Mass. 565 (Mass. 1983). · cites it 13× “3 On April 22, 1981, the plaintiffs brought this action in the Land Court, pursuant to G. L. c. 240, § 14A, and G. L. c. 185, § 1 (j Vi), seeking a permanent injunction restraining the defendants from interfering with the plaintiffs’ construction and operation of the concrete…”

Trs. of Tufts Coll. v. City of Medford, 616 N.E.2d 433 (Mass. 1993). · cites it 10× “[1] After a trial on a complaint brought in the Land Court by Tufts under G.L.c. 240, § 14A (1990 ed.), a judge of that court decided that the ordinance requirements could not, for the most part, be validly applied to Tufts' projects consistent with G.”

Whitinsville Ret. Soc'y, Inc. v. Town of Northbridge, 477 N.E.2d 407 (Mass. 1985). · cites it 9× “In December, 1982, the plaintiff filed an action in the Land Court under G. L. c. 240, § 14A, and G. L. c. 185, § 1 (jV2).”

Clark & Clark Hotel Corp. v. Bldg. Inspector of Falmouth, 20 Mass. App. Ct. 206 (Mass. App. Ct. 1985). · cites it 9× “The defendant, claiming they may not, makes the following two-pronged argument: (1) The Superior Court lacks jurisdiction; if a direct action in court is permissible, it must be brought in the Land Court, as that court has exclusive jurisdiction over such proceedings pursuant to…”

Sturges v. Town of Chilmark, 402 N.E.2d 1346 (Mass. 1980). · cites it 3× “G. L. c. 240, § 14A. They are objecting to the by-law’s age and residency restriction or limitation on their right to sell undersized lots and as the owners “of a freehold estate in possession” may bring a petition in the Land Court against the town “for determination as to the…”

Woods v. City of Newton, 208 N.E.2d 508 (Mass. 1965). · cites it 6× “Owners of freehold estates in possession are expressly authorized by G. L. c. 240, § 14A (inserted by St. 1934, c.”

Hanna v. Town of Framingham, 802 N.E.2d 1061 (Mass. App. Ct. 2004). · cites it 4× “2 In cross appeals, (i) the plaintiff challenges the map amendment as illegal “contract zoning” and “spot zoning” 3 ; and (ii) the defendants challenge the plaintiff’s standing to bring his complaint under G. L. c. 240, § 14A. We affirm the judgment.”

Kitras v. Zoning Adm'r, 453 Mass. 245 (Mass. 2009). · cites it 3× “19 The plaintiffs assert that G. L. c. 240, § 14A, establishes the right of a landowner to challenge “the validity of a municipal ordinance, by-law or regulation, passed or adopted under the provisions of [G.”

Barron Chevrolet, Inc. v. Town of Danvers, 646 N.E.2d 89 (Mass. 1995). · cites it 5× “Shortly thereafter, the plaintiff applied for and promptly was granted a modification of its variances allowing it to change the sign panels. The plaintiff nonetheless continued this action.”

Hansen & Donahue, Inc. v. Town of Norwood, 809 N.E.2d 1079 (Mass. App. Ct. 2004). · cites it 5× “, brought this action pursuant to G. L. c. 240, § 14A, seeking a binding declaration of right regarding the interpretation of the provisions of the town of Norwood’s zoning by-laws (by-laws) as they apply to 9 Vernon Street (locus).”

Mantoni v. Bd. of Appeals, 609 N.E.2d 502 (Mass. App. Ct. 1993). · cites it 10× “40A, § 17, and G. L. c. 240, § 14A, the plaintiffs filed a complaint in the Land Court appealing the denial by the board of appeals of Harwich (board) of a variance from the provisions of the Harwich zoning by-law (by-law), which prohibited the erection of a retaining wall…”

Massachusetts Broken Stone Co. v. Town of Weston, 701 N.E.2d 636 (Mass. App. Ct. 1998). · cites it 6× “In count I of their complaint, which is at issue here, the plaintiffs sought a declaration under G. L. c. 240, § 14A, that the 1988 zoning by-law was applicable to the site.”

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