Overview

The "MBTA Communities Act" was signed into law in 2020. This law enables the ELHOC (Executive Office of Housing and Livable Communities) to write guidelines that each of the 177 communities serviced by the MBTA must meet. EOHLC guidelines require Milton to zone as of right 2,461 multi-family units in Milton, 50% within a one half mile radius of the four trolley stops and 50% elsewhere in Milton. Milton has until December 31, 2023 to provide a compliance plan that adheres to the guidelines.

At a special Milton town meeting on December 11th, 2023 town meeting members voted to adopt a zoning article with the most comprehensive zoning changes in nearly 100 years. Subsequently a successful and historic signature drive collecting nearly 3,000 signatures forced a town wide referendum to allow all the voters in Milton an opportuinity to help decide on this zoning article. On February 14th, 2024 the residents of Milton voted overwhelmingly by 54% to reject the zoning article.

Massachusetts Attorney General Andrea Campbell filed a lawsuit on February 27th, 2024 against the town of Milton for non compliance with the MBTA Communities Act. Supreme Court Justice Serge George on March 18th, 2024 sent the Attorney General’s case against the town to the full State Supreme Judicial Court for review.

The Town of Milton's litigator, Kevin Martin of Goodwin Proctor LLP, submitted his brief to the SJC on August 19th, 2024. The brief asserts the SJC should declare the MBTA Community Act unconstitutional under Article 30. Article 30 of the Massachusetts Constitution ensures that the branches of government, legislative, executive and judicial remain separate and do not overstep their powers. This separation aims to maintain a system governed by laws rather than by individuals.

The State Supreme Judicial Court heard oral arguments on October 7th, 2024. (text version)