Press Statement  Court Rules In Favor Of Attorney General’s Office In Multiple MBTA Communities Law Unfunded Mandate Lawsuits

Boston — Massachusetts Attorney General Andrea Joy Campbell today issued the following statement after a judge in Superior Court found that the MBTA Communities Law does not impose an unfunded mandate on cities and towns. The judge granted the Attorney General’s motions to dismiss nine lawsuits filed by the towns of Duxbury, Hanson, Holden, Marshfield, Middleton, Wenham, Weston, and Wrentham and by residents of Hamilton. The judge also denied the towns’ and residents’ motions for a preliminary injunction that sought to exempt them from their obligation to comply with the law.

“Today’s decision is a win for Massachusetts and so many of us affected by the statewide housing crisis. The Superior Court confirmed what has long been clear: a state law requiring multi-family housing districts in communities served by public transportation, but leaving the details and location of those districts to the municipalities themselves, permissibly addresses our housing shortage while still preserving substantial local discretion,” said AG Campbell. “We thank the overwhelming majority of communities that have already come into compliance with the law, and we look forward to working with the remaining communities to bring them into compliance.”