Gov. Maura Healey took a victory lap Tuesday afternoon on the number of communities that have come into compliance with a contentious transit-oriented housing law just as the top prosecutor in Massachusetts was set to duke it out with Milton in court next week over its enforcement.
At least 75 of the 177 cities and towns across the state covered by the MBTA Communities Act have passed plans that make way for at least one district near a transit hub that zones for multi-family housing. State officials have approved 36 of those plans.
But two towns remain out of compliance — Holden and Milton.
Attorney General Andrea Campbell filed a lawsuit earlier this year against Milton that asks the Supreme Judicial Court to force the town to zone at least one district pursuant to the requirements of the law.
At an event in Somerville, Campbell said her office is “not afraid to enforce the law when it is not being followed.”
“I want to be crystal clear, we’d much rather work with the community than sue them. We always prefer collaboration. But when a choice is made to break the law, we have an obligation. And my office, in particular, will not be afraid to respond by meeting our obligation to enforce it,” she said.
The two sides are scheduled to meet in front of the Supreme Judicial Court Monday morning at the John Adams Courthouse in Boston, according to court records.
Efforts to create multi-family housing near a transit hub in Milton created a fervor last year as residents initially approved a plan in December but an opposition group successfully convinced enough people to move the matter to a referendum.
Residents voted in February to not comply with the MBTA Communities Act, which requires 177 cities and towns in Greater Boston to create one zoning district “of reasonable size” where multi-family housing is permitted “as of right” within a half-mile of a transit station.
That vote triggered a near-instant backlash from the Healey administration, which withled a $140,800 grant for seawall and access improvements at Milton Landing.
In her lawsuit, Campbell argued the law is clear — Milton must comply and zone at least one multi-family housing district near a transit station — and that she has the authority to compel the town to comply with the statute.
But lawyers representing Milton disagree.
They argued that the law only allows the state to punish non-compliant municipalities by taking away their access to four different state funds until they change course and the court challenge really centers on separation of powers issues.
“Looking to speed compliance along, the AG now asks this court for an injunction compelling Milton to comply with the MCA — or for the appointment of a special master to rewrite Milton’s zoning bylaws for it. But nothing in the MCA contemplates such remedies; the Legislature opted to apply calibrated financial pressure only,” lawyers for the town wrote in a court filing.
Officials from the area have also pushed back on Milton’s classification as a rapid transit community, arguing long-promised improvements to the local trolley are still a work in progress and the service does not compare to the rest of the MBTA’s subway system.
Healey said that is not a “winning argument.”
“We’ve been very clear that the MBTA Communities Act is constitutional. It’s something that we think that the (Supreme Judicial Court) should uphold, but that’s for the Attorney General’s Office to litigate and argue next week,” she said in Somerville.