Massachusetts General Laws

Mass. Gen. Laws ch. 40C, § 12A (2026)

Appeal to superior court

✓ current as of July 2026

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Section 12A. Any person aggrieved by a determination of the commission, or by the finding of a person or persons making a review, if the provisions of section twelve are included in a local ordinance or by-law, may, within twenty days after the filing of the notice of such determination or such finding with the city or town clerk, appeal to the superior court sitting in equity for the county in which the city or town is situated. The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds the decision of the commission to be unsupported by the evidence or to exceed the authority of the commission, or may remand the case for further action by the commission or make such other decree as justice and equity may require. The remedy provided by this section shall be exclusive but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted with gross negligence, in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination of the commission unless it shall appear to the court that such party acted in bad faith or with malice in making the appeal to the court.

Notes of Decisions

Cited in 6 cases, 1980–2009 · leading case: Springfield Pres. Trust, Inc. v. Springfield Library & Museums Ass'n, 447 Mass. 408 (Mass. 2006).

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Springfield Pres. Trust, Inc. v. Springfield Library & Museums Ass'n, 447 Mass. 408 (Mass. 2006). · cites it 2× “” Specifically, the trust’s memorandum in support of its motion for partial summary judgment referenced the Act’s broad grant of equitable powers to the Superior Court to fashion appropriate relief (G. L. c. 40C, §§ 12A and 13), observed that those powers would allow the motion…”

Marr v. Back Bay Architectural Comm'n, 505 N.E.2d 534 (Mass. App. Ct. 1987). · cites it 2× “654 (Falmouth),§ 10; G. L. c. 40C, § 12A, as appearing in St. 1983,c.”

Springfield Pres. Trust, Inc. v. Springfield Historical Comm'n, 402 N.E.2d 488 (Mass. 1980). · cites it 2× “We hold that neither G. L. c. 40C, §§ 12A, 13, nor G. L. c. 214, § 1, conferred jurisdiction on the Superior Court.”

Collins v. Historic Dist. Comm'n, 897 N.E.2d 1281 (Mass. App. Ct. 2008). · cites it 4× “Robert Collins then commenced an action in Superior Court, pursuant to G. L. c. 40C, § 12A, contesting the commission’s decision.”

Foster v. Harvard Historical Comm'n, 10 Mass. L. Rptr. 362 (Mass. Super. Ct. 1999). · cites it 2× “Foster and Christopher Foster (the Fosters), bring this action pursuant to G.L.c. 40C, § 12A appealing the denial of an application for Certificate of Appropriateness and a Certificate of Hardship application by the Harvard Historical Commission (the Commission).”

Greenup v. City of Cambridge, 25 Mass. L. Rptr. 335 (Mass. Super. Ct. 2009). “and M.G.L.c. 40C, §§12A and 13 ... in the nature of an appeal.”

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