MBTA Communities Act: AG Campbell Hoping To Win Lawsuit Against Milton

Photo: James Rojas/WBZ NewsRadio

MILTON, Mass. (WBZ NewsRadio) — The state's highest court heard oral arguments on Monday in Attorney General Andrea Campbell’s lawsuit against the Town of Milton.

The MBTA Communities Act requires communities with MBTA service to offer multi-family housing nearby. Cities and towns that do not comply with the law risk losing state funding.

In February, Milton residents voted against a rezoning plan that would have brought the town into compliance and the town was promptly sued by Campbell’s office. Campbell called Monday a “pivotal day” as the state hopes to win this lawsuit in Massachusetts Supreme Judicial Court.

“When the statute says that covered communities shall create a compliant zone, shall means shall. The Town of Milton cannot avoid that requirement,” said Campbell.

Attorneys for the Town of Milton have called the state’s housing guidelines excessive and believe Campbell is overstepping her authority. Campell believes there will be significant implications if the court rules against her office.

“It not only will set us back in terms of addressing our housing crisis, it will [also] do significant damage to the rule of law and how we see it, how we view it, and how we depend upon it to allow one municipality, for example, to say that they don’t want to comply,” said Campbell.

The MBTA Communities Act affects 177 cities and towns across the state.

WBZ NewsRadio’s James Rojas (@JamesRojasMMJ) reports.

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