Opinion of Massachusetts' Lawsuit against the Town of Milton

[Sopranos Republican]

Context:

The Town of Milton is facing continued fallout for its non-compliance with a state housing law for MBTA communities, with Massachusetts Attorney General Andrea Joy Campbell announcing on Tuesday that her office is suing the Boston suburb.

The housing law states that every "MBTA community" — defined as a city or town served by the MBTA or adjacent to a community that is — must have at least one zoning district near a transit station where multi-family housing is allowed as of right.

"We have a housing crisis, and because you have a public good and public transit in your community, you have to come into compliance with this critical piece of legislation," Campbell said earlier.

In a letter to Town Administrator Nicholas Milano, Massachusetts Housing and Livable Communities Secretary Ed Augustus confirmed that Milton will no longer be eligible for a recent $140,800 grant for seawall and access improvements, which was contingent upon compliance with the law. The town also won't be eligible to receive MassWorks and HousingWorks grants and will be at a competitive disadvantage for many other state grant programs.

“The law is clear – compliance with the MBTA Communities Law is mandatory,” Augustus said in the letter. “At this time, Milton is the only rapid transit community in Massachusetts that is not in compliance. If we do not all come together to build more housing, we will not be able to overcome our affordability crisis. We need every community to do their part.”

https://www.nbcboston.com/news/local/milton-sued-by-ags-office-over-lack-of-compliance-to-mbta-housing-law/3291135/


To me, it's clear that the state is on the right side of this one. Not only from the perspective of Milton being in clear noncompliance with the law, but the law itself is definitely a step in the right direction in combatting Massachusetts' out of hand housing supply/cost problem.

Milton is also one of the most expensive communities to live in one of the most expensive states. (Average home price in Milton according to Zillow currently sits at $948,000).

This also showcases one of the disadvantages of New England's town rule system, which is that it definitely gives disproportionate power to NIMBYism that is easier to combat in more centralized state government systems. (I'm still supportive of the town government system as a whole, though).

[Blue3]

Massachusetts. Honestly the town shouldn't even have been allowed to defy them, it should have been automatically overruled and judged as void.

[Okay, maybe Mike Johnson is a competent parliamentarian.]

Massachusetts. Honestly the town shouldn't even have been allowed to defy them, it should have been automatically overruled and judged as void.

The law requires that municipalities adopt a certain type of zoning policy, so Milton would have to affirmatively do that in order to be in compliance; it's violating the state law via inaction, not via action. The remedy will probably be either some kind of court-appointed special master drawing Milton a new zoning map or the court ordering that the select board's zoning map go into effect despite the town's residents having voted it down.

[○∙◄☻¥tπ[╪AV┼cVê└]

California's pro developer laws have gone too far, but I side with Massachusetts here.

[President Punxsutawney Phil]

MA

[Blue3]

Massachusetts. Honestly the town shouldn't even have been allowed to defy them, it should have been automatically overruled and judged as void.

The law requires that municipalities adopt a certain type of zoning policy, so Milton would have to affirmatively do that in order to be in compliance; it's violating the state law via inaction, not via action. The remedy will probably be either some kind of court-appointed special master drawing Milton a new zoning map or the court ordering that the select board's zoning map go into effect despite the town's residents having voted it down.

But that's not what they're doing, it's what I want them to do. Instead they're withholding state funds from the city.

[I spent the winter writing songs about getting better]

Massachusetts. Honestly the town shouldn't even have been allowed to defy them, it should have been automatically overruled and judged as void.

The law requires that municipalities adopt a certain type of zoning policy, so Milton would have to affirmatively do that in order to be in compliance; it's violating the state law via inaction, not via action. The remedy will probably be either some kind of court-appointed special master drawing Milton a new zoning map or the court ordering that the select board's zoning map go into effect despite the town's residents having voted it down.

But that's not what they're doing, it's what I want them to do. Instead they're withholding state funds from the city.

Yes because access to those funds was contingent with complying with these zoning requirements. It's similar to how red states don't get the free money for Medicaid from the federal government if they refuse to expand it like states that have expanded Medicaid get.

[Blue3]

Massachusetts. Honestly the town shouldn't even have been allowed to defy them, it should have been automatically overruled and judged as void.

The law requires that municipalities adopt a certain type of zoning policy, so Milton would have to affirmatively do that in order to be in compliance; it's violating the state law via inaction, not via action. The remedy will probably be either some kind of court-appointed special master drawing Milton a new zoning map or the court ordering that the select board's zoning map go into effect despite the town's residents having voted it down.

But that's not what they're doing, it's what I want them to do. Instead they're withholding state funds from the city.

Yes because access to those funds was contingent with complying with these zoning requirements. It's similar to how red states don't get the free money for Medicaid from the federal government if they refuse to expand it like states that have expanded Medicaid get.

And I don't think that's enough. Like was said above, they just need to be overruled.