Massachusetts General Laws

Mass. Gen. Laws ch. 268A, § 21 (2026)

Avoiding, rescinding or canceling municipal action resulting from violations of chapter; restitution and damages

✓ current as of July 2026

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Section 21. (a) In addition to any other remedies provided by law, a finding by the commission pursuant to an adjudicatory proceeding that there has been any violation of sections 2, 3, 8, 17 to 20, inclusive, or section 23, which has substantially influenced the action taken by any municipal agency in any particular matter, shall be grounds for avoiding, rescinding or canceling the action of said municipal agency upon request by said municipal agency on such terms as the interests of the municipality and innocent third persons require.

(b) In addition to the remedies set forth in subsection (a), the commission may, upon a finding pursuant to an adjudicatory proceeding that a person has acted to his economic advantage in violation of sections 2, 3, 8, 17 to 20, inclusive, or section 23, may issue an order (1) requiring the violator to pay the commission on behalf of the municipality damages in the amount of the economic advantage or $500, whichever is greater; and (2) requiring the violator to make restitution to an injured third party. If there has been no final criminal judgment of conviction or acquittal of the same violation, upon receipt of the written approval of the district attorney, the commission may order payment of additional damages in an amount not exceeding twice the amount of the economic advantage or $500, and payment of such additional damages shall bar any criminal prosecution for the same violation. The maximum damages that the commission may order a violator to pay under this section shall be $25,000. If the commission determines that the damages authorized by this section exceed $25,000, it may bring a civil action against the violator to recover such damages.

(c) The remedies authorized by this section shall be in addition to any civil penalty imposed by the commission in accordance with clause (3) of subsection (j) of section 4 of chapter 268B.

Notes of Decisions

Cited in 23 cases, 1965–2018 · leading case: Town of Nantucket v. Beinecke, 398 N.E.2d 458 (Mass. 1979).

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Town of Nantucket v. Beinecke, 398 N.E.2d 458 (Mass. 1979). · cites it 8× “We consider first the question of which, if any, statute of limitations governs actions brought under the Conflict of Interest Law, G. L. c. 268A, § 21. The plaintiff contends that actions brought under G.”

Sciuto v. City of Lawrence, 452 N.E.2d 1148 (Mass. 1983). · cites it 4× “We noted, but did not have to decide, the question whether a member of a school committee could invoke the civil remedies of rescission and restitution of G. L. c. 268A, § 21 (a), as to certain actions of the school committee.”

Beaconsfield Towne House Condo. Trust v. Zussman, 517 N.E.2d 816 (Mass. 1988). · cites it 4× “We concluded that "an action brought under G.L.c. 268A, § 21, sounds in tort." Nantucket v.”

Leder v. Superintendent of Schs. of Concord, 465 Mass. 305 (Mass. 2013). · cites it 9× “The issue on appeal is whether, under G. L. c. 268A, § 21 (a), as appearing in St.”

Charbonnier v. Amico, 324 N.E.2d 895 (Mass. 1975). · cites it 2× “*151 With regard to conflict of interest, under the provisions of G. L. c. 268A, § 21 (a), which allow a private action to rescind a transaction by a municipal agency infected by a violation of § 20 (a), that violation must have “substantially influenced” the action taken by the…”

Graham v. McGrail, 345 N.E.2d 888 (Mass. 1976). · cites it 2× “See G. L. c. 268A, § 21 (o). Since the judge ruled that the vote was valid and the plaintiff took no appeal, no issue is now before us as to its validity or as to rescission or cancellation.”

Indeck Maine Energy, LLC v. Comm'r of Energy Resources, 454 Mass. 511 (Mass. 2009). “After noting the general rule that business competition is not a sufficient injury for standing to sue, we stated: “This rule does not apply, however, to competitors in a regulated industry such as the one here who are attempting to challenge governmental action threatening…”

Moskow v. Boston Redevelopment Auth., 210 N.E.2d 699 (Mass. 1965). · cites it 2× “The plaintiff appealed from interlocutory decrees sustaining the demurrers and from a final decree dismissing the bill.”

Zora v. State Ethics Comm'n, 615 N.E.2d 180 (Mass. 1993). “345 (1979), we were faced with an action that had been brought under G. L. c. 268A, § 21. In that case, we rejected the claim that actions under the State conflict of interest law are not limited by any statute of limitations.”

Alves's Case, 884 N.E.2d 468 (Mass. 2008). “345, 348 (1979) (“We find nothing in the legislative history of *185 G. L. c. 268A, § 21, which would suggest that the Legislature, by not specifically prescribing a period of time within which an action under § 21 must be brought, intended that actions not be time-limited.”

Nantasket Beachfront Condos., LLC v. Hull Redevelopment Auth., 32 N.E.3d 318 (Mass. App. Ct. 2015). · cites it 2× “” G. L. c. 268A, § 21 (b), inserted by St. 2009, c.”

Crall v. City of Leominster, 284 N.E.2d 610 (Mass. 1972). “268A from their petition, and (b) that we decide, in a case of first impression, that they have a right to relief under G. L. c. 268A, § 21 (a), as appearing in St.”

Show all 23 citing cases →

— Mass. Gen. Laws ch. 268A, § 21(a) — 7 cases

Nantasket Beachfront Condos., LLC v. Hull Redevelopment Auth., 32 N.E.3d 318 (Mass. App. Ct. 2015). “” G. L. c. 268A, § 21 (b), inserted by St. 2009, c.”

Fisichelli v. Town of Methuen, 653 F. Supp. 1494 (D. Mass. 1987).

McDonald's Corp. v. Town of East Longmeadow, 506 N.E.2d 172 (Mass. App. Ct. 1987).

Wall v. Guinasso, 3 Mass. L. Rptr. 403 (Mass. Super. Ct. 1995).

O'Brien v. Andrews, 387 N.E.2d 1174 (Mass. App. Ct. 1979).

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