Milton’s opposition to housing law argued before high court

BOSTON – The town of Milton took on the state of Massachusetts at the Supreme Judicial Court Monday in a case that Attorney General Andrea Campbell said represents a “pivotal moment” for the controversial MBTA Communities Law.
The law requires cities and towns near rapid transit stops to have at least one zoning district where multi-family housing is permitted near public transit. Milton voters in February rejected a proposal to bring the town into compliance with the law. Opponents said the trolley that runs through Mattapan and Milton shouldn’t be enough to make the town a “rapid transit community” and they expressed concern about more apartments and condos in an area that’s mostly single-family homes. 
The state then followed through on its threat to pull grant funding for Milton and Campbell sued the town, asking for the court to force Milton into compliance. Milton argues that Campbell does not have the authority to compel the town to comply, and that the town should not face consequences beyond the lost grants. 
The Legislature passed the MBTA Communities Law in 2021 and it was signed by then-Gov. Charlie Baker as a way to combat the housing crisis in Massachusetts. The law called for the state to come up with “guidelines” to determine if an MBTA community was complying with the new rules.
Milton claims that the Executive Office of Housing and Livable Communities did not follow the proper processes when coming up with guidelines such as setting up a deadline for compliance with the law.
“If the certain date only comes from the guidelines and the guidelines need to be done over, then what is there to enforce against Milton?” Justice Gabrielle Wolohojian asked. 
Before the court hearing on Monday, Campbell said at a press conference that the MBTA Communities Law is a “powerful tool” to increase housing in the state. 
“No one should be able to pick and choose which laws they want to comply with and I hope the court will see the significant consequences of continuing to allow Milton’s non-compliance,” she said.
Campbell said 76 communities are working to follow the new law. But the court’s decision could also send a message to towns like Holden, where the town manager previously said they don’t plan to follow the law.
It could be months before the high court issues a ruling in the case.