Newsletter Signup
Stay up to date on all the latest news from Boston.com
Milton pushes back against AG’s suit to force multifamily housing zoning
Milton's attorneys filed a response to Campbell’s lawsuit Wednesday, claiming her office doesn’t have the authority to enforce zoning ordinances.
The Town of Milton is pushing back against a lawsuit from the state, filed last month to force the town to comply with a law requiring commuting communities to rezone near MBTA stops to support additional housing.
Milton was the last community to comply with the MBTA Communities Act last December, but voters rejected the change to the town’s zoning bylaws in February, putting the town out of compliance. Attorney General Andrea Campbell has since sued the town.
Gov. Charlie Baker signed the MBTA Communities Act into law in 2021. Milton is designated as one of 12 rapid transit communities due to its proximity to the Mattapan Trolley. As such, the town is required to rezone to allow for multi-family housing to be built near transit centers.
Milton responds to Attorney General’s lawsuit
The town’s attorneys filed a response to Campbell’s lawsuit Wednesday, claiming her office doesn’t have the authority to enforce zoning ordinances. The town’s answer and counterclaim also challenge the law itself.
Advertisement:
In a statement to residents, Milton’s select board said there are still “many legal questions” about the law. They also said that Campbell’s suit came two weeks after the town voted to reject the change to bylaws, which “did not give us adequate time to come together as a community to plan our next steps.”
In addition to the lawsuit, Massachusetts has also said it would take state dollars away from Milton if they refuse to comply. This includes more than $140,000 to improve the seawall at Milton Landing, the select board told residents Wednesday.
Advertisement:
“The seawall needs repair, and we are already experiencing the impacts of coastal flooding during high tide and storm events,” select board members wrote. “We will be submitting a formal request to the state that it not penalize Milton by withdrawing these and other grant funds until, at the very least, the Supreme Judicial Court renders a decision in this matter.”
The case is expected to be heard by the state’s Supreme Judicial Court in the fall.
To comment, please create a screen name in your profile
To comment, please verify your email address
Conversation
This discussion has ended. Please join elsewhere on Boston.com