Judge rules: MBTA Communities law is not an unfunded mandate

 

New from CommonWealth Beacon MBTA Communities law is not an unfunded mandate, judge rules

June 6, 2025 By JENNIFER SMITH A Plymouth County judge overseeing a bundle of municipal lawsuits from towns seeking to halt enforcement of the MBTA Communities housing law has denied their motion for a preliminary injunction and dismissed their complaints.  In a 40-page decision released Friday afternoon, Judge Mark Gildea considered lawsuits brought by the towns of Duxbury, Hanson, Holden, Marshfield, Middleton, Wenham, Weston, and Wrentham, plus a taxpayer suit brought by Hamilton residents.  The collection of suits argued that, because the state auditor’s office concluded that the MBTA Communities law is an “unfunded mandate” by forcing cities and towns near pubic transit to zone for multifamily development, the state should be blocked from enforcing the law until a funding mechanism is put in place.  But the towns did not claim specific enough details about infrastructure costs, and the court is not bound by State Auditor Diana DiZoglio’s finding that the law constitutes an unfunded mandate, Gildea found. READ MORE

More Context A new wrinkle in MBTA Communities rebellion, courtesy of DiZoglio Milton complies with the MBTA Communities law, with an asterisk SJC says attorney general can enforce MBTA Communities Act, but state must rework regs

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