Massachusetts General Laws

Mass. Gen. Laws ch. 40, § 53 (2026)

Restraint of illegal appropriations; ten taxpayer actions

✓ current as of July 2026

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Section 53. If a town, regional school district, or a district as defined in section one A, or any of its officers or agents are about to raise or expend money or incur obligations purporting to bind said town, regional school district, or district for any purpose or object or in any manner other than that for and in which such town, regional school district, or district 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 town in the regional school district, or not less than ten taxable inhabitants of that portion of a town which is in the district, determine the same in equity, and may, before the final determination of the cause, restrain the unlawful exercise or abuse of such corporate power.

Notes of Decisions

Cited in 107 cases (4 in the last 5 years), 1922–2023 · leading case: Pratt v. City of Boston, 483 N.E.2d 812 (Mass. 1985).

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Pratt v. City of Boston, 483 N.E.2d 812 (Mass. 1985). · cites it 13× “231A; (2) the "ten-taxpayer" statute G.L.c. 40, § 53 (1984 ed.); (3) G.L.c. 214, § 3 (10) (1984 ed.”

Edwards v. City of Boston, 562 N.E.2d 834 (Mass. 1990). · cites it 7× “Shortly thereafter, ten taxpayers residing within Boston brought this action under G. L. c. 40, § 53 (1988 ed.). The complaint alleged that the exercise of the option by the city violated the provisions of G.”

MacIoci v. Comm'r of Revenue, 438 N.E.2d 786 (Mass. 1982). · cites it 8× “This case, here on cross appeals from a judgment in the Superior Court, is the result of a ten-taxpayer action seeking injunctive relief under G. L. c. 40, § 53, and declaratory relief under G.”

Litton Bus. Sys., Inc. v. Comm'r of Revenue, 383 Mass. 619 (Mass. 1981). · cites it 3× “The plaintiffs, owners of business property in the city, brought this action for injunctive and declaratory relief under G. L. c. 40, § 53, and G. L. c. 231 A. A judge of the Superior Court ruled that the Commissioner’s certification was invalid, and reported the case to the…”

Anderson v. City of Boston, 380 N.E.2d 628 (Mass. 1978). · cites it 4× “231A, and equitable relief pursuant to G. L. c. 40, § 53, concerning the legality of certain actions contemplated by the city in support of a referendum proposal which will be presented to the people at the November, 1978, general election.”

Tax Equity All. v. Comm'r of Revenue, 423 Mass. 708 (Mass. 1996). · cites it 3× “The individual plaintiffs further suggest that, because similarly situated taxpayers would have standing under the municipal taxpayers’ statute, G. L. c. 40, § 53 (1994 ed.), they have standing under § 63.”

Statewide Towing Ass'n v. City of Lowell, 865 N.E.2d 804 (Mass. App. Ct. 2007). · cites it 6× “Before we can reach the merits of count n, we must analyze whether Statewide has standing to pursue this claim under G. L. c. 40, § 53. As we conclude that Statewide *796 did not comply with G.”

Town of Hanover v. New England Reg'l Council of Carpenters, 6 N.E.3d 522 (Mass. 2014). · cites it 3× “Nevertheless, the town continued to honor its contract with the winning contractor, and ten taxpayers of the town initiated an action against the town pursuant to G. L. c. 40, § 53 (the 2009 litigation). 2 Id.”

Caplan v. Town of Acton, 92 N.E.3d 691 (Mass. 2018). · cites it 4× “" Second, it specified that no funds would be disbursed to the church except as reimbursements for specific expenses incurred in connection with the projects, and only after the town could verify, based on submitted invoices, that those expenses were "consistent with the project…”

Seideman v. City of Newton, 452 Mass. 472 (Mass. 2008). · cites it 2× “In any event, an action by ten taxpayers under G. L. c. 40, § 53, is subject to loches, see Zeitler v.”

Dealtry v. Selectmen of Watertown, 180 N.E. 621 (Mass. 1932). · cites it 3× “” The bill purports to be brought under G. L. c. 40, § 53, which reads as follows: “If a town or any of its officers or *24 agents are about to raise or expend money or incur obligations purporting to bind said town for any purpose or object or in any manner other than that for…”

Tregor v. Bd. of Assessors of Boston, 387 N.E.2d 538 (Mass. 1979). · cites it 2× “575 (1965) (taxpayer suit under G.L.c. 40, § 53). Bennett v. Assessors of Whitman, 354 Mass.”

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