On June 6, a Massachusetts Superior Court judge dismissed lawsuits filed by nine towns against the MBTA Communities Act, which mandates municipalities with access to the MBTA to rezone for multi-family housing. The towns argued that the law constituted an "unfunded mandate" and could strain local infrastructure. However, Justice Mark Gildea found their claims speculative due to insufficient evidence regarding financial impacts and infrastructure planning. This ruling follows an earlier decision by the state Supreme Judicial Court that upheld the law's legality, emphasizing ongoing challenges facing municipalities in compliance with housing development goals.
The Municipalities have neither pled specific costs for anticipated infrastructure costs, nor provided any specific timeline for anticipated construction projects, which are insufficient to sustain the Municipalities' claims.
This decision marks another legal setback for towns resisting the MBTA Communities Act, which was enacted four years ago to spur housing development.
The towns argued that the MBTA Communities Act amounts to an "unfunded mandate" and could overburden local infrastructure, such as roads and sewer systems.
Superior Court Justice Mark Gildea dismissed the towns' claims as speculative, stating they failed to provide specific evidence or detailed plans for infrastructure improvements.
#mbta-communities-act #zoning-laws #housing-development #infrastructure-challenges #massachusetts-courts
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