Attorney general asks high court to force Milton's hand in MBTA zoning law

Fred Hanson, The Patriot Ledger
Updated ·1 min read

MILTON – Attorney General Andrea Campbell has asked the state's highest court to order Milton to comply with the MBTA Communities Act or face the possibility of a court-ordered plan being imposed.

“The MBTA Communities Law was enacted to address our region-wide need for housing, and compliance with it is mandatory," Campbell said in a press release announcing the suit.

Gov. Maura Healey thanked Campbell for taking action to enforce the law.

"This is not just about one community, but about the future of our workforce, our economy, and our entire state," Healey said in the statement.

Attorney General Andrea Campbell speaks at Law Day at Quincy District Court, which celebrated the 100th birthday of former Massachusetts Attorney General Francis X. Bellotti, the courthouse's namesake, on Wednesday, May 3, 2023.
Attorney General Andrea Campbell speaks at Law Day at Quincy District Court, which celebrated the 100th birthday of former Massachusetts Attorney General Francis X. Bellotti, the courthouse's namesake, on Wednesday, May 3, 2023.

Milton is the only one of 12 so-called "rapid transit communities" not to submit a plan to comply with the law, due Dec. 31. Under the law, communities must approved zoning which eases the construction of multifamily housing near rapid transit stations. It does not require the housing to be built.

The suit was filed Tuesday with the state's Supreme Judicial Court, 13 days after voters rejected a zoning plan adopted by town meeting in December which would comply with the law.

In the complaint, Campbell asks the court to affirm that compliance with the law is mandatory and that Milton has failed to do so. It seeks an injunction to compel the town to comply within three months. If not, Campbell asks the court to appoint a special master to come up with a plan.

Milton was required to approve zoning for more than 2,400 units of housing under the law. But opponents argue the town meeting adopted plan places too much of a burden on the East Milton neighborhood and question the definition of the Mattapan trolley line as rapid transit.

Reach Fred Hanson at fhanson@patriotledger.com.

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This article originally appeared on The Patriot Ledger: Mass. attorney general files suit against Milton over MBTA zoning