Massachusetts General Laws

Mass. Gen. Laws ch. 40, § 1 (2026)

Nature and scope

✓ current as of July 2026

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Section 1. Cities and towns shall be bodies corporate, and, except as otherwise expressly provided, shall have the powers, exercise the privileges and be subject to the duties and liabilities provided in the several acts establishing them and in the acts relating thereto. Except as otherwise expressly provided, cities shall have all the powers of towns and such additional powers as are granted to them by their charters or by general or special law, and all laws relative to towns shall apply to cities.

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1931–2022 · leading case: Varsity Wireless Investors, LLC v. Town of Hamilton, 370 F. Supp. 3d 292 (D.D.C. 2019).

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Varsity Wireless Investors, LLC v. Town of Hamilton, 370 F. Supp. 3d 292 (D.D.C. 2019). · cites it 4× “Consistent with Massachusetts law, M.G.L. c.40, §§ 1 & 2, 2 the Hamilton By-laws provide that "the Board of Selectman shall have the authority to prosecute, defend, and compromise all litigation to which the Town is a Party.”

Litton Bus. Sys., Inc. v. Comm'r of Revenue, 383 Mass. 619 (Mass. 1981). “, the supreme judicial or superior court may, upon petition of not less than ten taxable inhabitants of the town, . . . determine the same in equity, and may, before the final determination of the cause, restrain the unlawful exercise or abuse of such corporate power.”

City of Revere v. Aucella, 338 N.E.2d 816 (Mass. 1975). · cites it 2× “G.L.c. 40, §§ 1, 21. Our attention has not been directed to any relevant provision of the city charter, so the question is whether the ordinance is "inconsistent with the constitution or laws.”

Anderson v. City of Boston, 380 N.E.2d 628 (Mass. 1978). “” G. L. c. 40, § 1. 7 The plaintiffs argue that the Legislature must have intended G.”

Commonwealth v. Lammi, 435 N.E.2d 360 (Mass. 1982). “The Legislature has given cities and towns the power to enact ordinances, “as they may judge most conducive to their welfare.”

Gennari v. City of Revere, 23 Mass. App. Ct. 979 (Mass. App. Ct. 1987). “Judgment entered dismissing the action as to all defendants. 1. Bid requirements. There is no common law rule or State statute which requires disposition of land by a municipality to the highest bidder.”

Edwards v. City of Boston, 562 N.E.2d 834 (Mass. 1990). “trict has the legal and constitutional right and power to raise or expend money or incur obligations, the supreme judicial or superior court may, upon petition of not less than ten taxable inhabitants of the town, or not less than ten taxable inhabitants of any *646 town in the…”

Manchester v. Dept. of Env't Quality Eng'g, 409 N.E.2d 176 (Mass. 1980). “The town of Manchester is a body corporate (G.L.c. 40, § 1) and "[w]hen a corporation is charged with civil contempt for violating a court order because of the acts of its agents or *215 servants, it is not necessary to show that there was wilful disobedience or intention to…”

Mangano v. Town of Wilmington, 748 N.E.2d 1052 (Mass. App. Ct. 2001). “39, § 1; G. L. c. 40, §§ 1 & 3. “[W]e may not, by process of construction, add a prohibition to a statute when it is not contained therein.”

Muir v. City of Leominster, 317 N.E.2d 212 (Mass. App. Ct. 1974). “40, § 3 (made applicable to cities by G. L. c. 40, § 1), as limited by the conditions set out in G.”

Commonwealth v. Berney, 233 N.E.2d 739 (Mass. 1968). “Section 21 (21) authorizes (G. L. c. 40, § 1) towns and cities to enact by-laws and ordinances “For prohibiting or regulating the parking of any motor vehicle in front of any dwelling house except by the occupants of said *574 dwelling house, provided that notice of said…”

Commonwealth v. Dobbins, 182 N.E.2d 123 (Mass. 1962). “509, authorizing towns and cities (G. L. c. 40, § 1) to enact by-laws and ordinances “For prohibiting or regulating the parking of any motor vehicle in front of any dwelling house except by the occupants of said dwelling-house, provided that notice of said prohibition or…”

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