Massachusetts General Laws

Mass. Gen. Laws ch. 29, § 63 (2026)

Unlawful exercise or departments abuse of power; commonwealth, commissions, officers, etc.; court restraint

✓ current as of July 2026

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Section 63. If a department, commission, board, officer, employee or agent of the commonwealth is about to expend money or incur obligations purporting to bind the commonwealth for any purpose or object or in any manner other than that for and in which such department, commission, board, officer, employee or agent has the legal and constitutional right and power to expend money or incur obligations, the supreme judicial or superior court may, upon the petition of not less than 24 taxable inhabitants of the commonwealth, not more than 6 of whom shall be from any 1 county, determine the same in equity, and may, before the final determination of the cause, restrain the unlawful exercise or abuse of such right and power.

Notes of Decisions

Cited in 21 cases (2 in the last 5 years), 1959–2022 · leading case: Tax Equity All. v. Comm'r of Revenue, 423 Mass. 708 (Mass. 1996).

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Tax Equity All. v. Comm'r of Revenue, 423 Mass. 708 (Mass. 1996). · cites it 5× “The individual plaintiffs assert standing to challenge the act under G. L. c. 29, § 63 (1994 ed.), and under the so-called “public right doctrine.”

Brennan v. the Governor, 540 N.E.2d 685 (Mass. 1989). · cites it 6× “This is a petition under G. L. c. 29, § 63 (1986 ed.), by more than twenty-four taxpayers and citizens of the Commonwealth who challenge the legality of expending State funds to acquire the Pioneer Valley Academy (academy) in New Braintree as the site for a new medium security…”

Natick Auto Sales, Inc. v. Dep't of Procurement & Gen. Servs., 715 N.E.2d 84 (Mass. App. Ct. 1999). · cites it 5× “6 As to the Commonwealth, the questions that arise on appeal relate to the scope of relief available in a taxpayers’ action under G. L. c. 29, § 63, and the preclusive effect of the taxpayers’ action on a later action.”

Ronald Goldman & Others v. Sec'y of the Exec. Off. of Health & Human Servs.., 101 Mass. App. Ct. 427 (Mass. App. Ct. 2022). · cites it 12× “" In the circumstances of a civil action brought by the plaintiff taxpayers under G. L. c. 29, § 63, seeking to enjoin the defendant Executive Office of Health and Human Services, which administers the Massachusetts Medicaid program (MassHealth), from using Medicaid funds to…”

Colo v. Treasurer & Receiver Gen., 392 N.E.2d 1195 (Mass. 1979). · cites it 2× “The plaintiffs, twenty-nine taxable inhabitants of the Commonwealth, brought suit under G. L. c. 29, § 63, to restrain the defendant from expending any public monies to pay the salaries of the chaplains of the Massachusetts House of Representatives and the Senate, and for a…”

Sullivan v. Chief Just. for Admin. & Mgmt. of the Trial Court, 448 Mass. 15 (Mass. 2006). “, G. L. c. 29, § 63 (allowing not less than twenty-four taxable inhabitants to file petition in equity to prevent unlawful expenditure of public funds by officer of Commonwealth); Sears v.”

Benevolent & Prot. Order of Elks, Lodge No. 65 v. Plan. Bd., 531 N.E.2d 1233 (Mass. 1988). · cites it 2× “The judge ruled that the plaintiffs’ challenge was “essentially a challenge of the proposed expenditure of state funds” under G. L. c. 29, § 63 (1986 ed.). To restrain the expenditure of State funds under § 63, twenty-four State taxpayers must bring a petition before the Supreme…”

TaxEquity All. for Massachusetts, Inc. v. Comm'r of Revenue, 516 N.E.2d 152 (Mass. 1987). · cites it 3× “6 The device of G. L. c. 29, § 63 (1986 ed.), which concerns a twenty-four taxpayer action to enjoin the unlawful expenditure of money, has no potential application here.”

Helmes v. Commonwealth, 550 N.E.2d 872 (Mass. 1990). · cites it 2× “On June 23, 1989, the plaintiffs, more than “twenty-four taxable inhabitants of the commonwealth,” commenced this action under G. L. c. 29, § 63 (1988 ed.), seeking to restrain the Commonwealth, acting through the Commissioner of Education, from the expenditure of money, or the…”

Ayer v. Comm'r of Admin., 165 N.E.2d 885 (Mass. 1960). “This petition is brought pursuant to G. L. c. 29, § 63, inserted by St. 1937, c.”

Singleton v. Treasurer & Receiver Gen., 165 N.E.2d 899 (Mass. 1960). · cites it 2× “In this proceeding under G. L. c. 29, § 63, the petitioners, including, as the statute requires, six taxable inhabitants from each of four counties, seek a ruling that the Treasurer may not expend money or incur obligations purporting to bind the Commonwealth under St.”

Pacella v. Metro. Dist. Comm'n, 159 N.E.2d 75 (Mass. 1959). “This is a petition under G. L. c. 29, § 63 (inserted by St. 1937, c.”

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