Marshfield’s Challenge to MBTA Housing Law Faces Skepticism From State’s Highest Court
Judges representing Massachusetts’ highest court did not seem persuaded by arguments that the MBTA Communities zoning law is nothing more than an unfunded hardship brought upon municipalities by the Legislature….
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Judges representing Massachusetts' highest court did not seem persuaded by arguments that the MBTA Communities zoning law is nothing more than an unfunded hardship brought upon municipalities by the Legislature.
The highly debated 2021 law was devised to spur housing development in more than 170 cities and towns that support or are adjacent to MBTA service. This law would require these communities to adopt at least one zone that permits multi-family housing.
According to a State House News Service report, Marshfield, located just south of the southern terminus of the Greenbush Line, sued the state Executive Office of Housing and Livable Communities. The community argued that adopting the zoning outlined in the law forced it to absorb substantial "incurred costs and expenses in evaluating and drafting proposed zoning bylaws and presenting them to Town Meeting."
Marshfield appealed a decision rendered by a Superior Court judge last June, who stated that the possible costs Marshfield did or could potentially experience were "indirect" and that the MBTA Communities Act is not an unfunded mandate.
Marshfield continued its arguments on Wednesday, March 4.
"Marshfield was forced to employ a person to develop modeling. We had no experience applying the compliance regulations. We had to incur expenses associated with that," said Robert Galvin, an attorney for the town, in a statement reported by the State House News Service.
Assistant Attorney General Esme Caramello, lead for the AG's Housing Affordability Unit, explained that the MBTA Communities Act "is a zoning requirement" and does not impose any cost beyond incidental administrative expenses on any municipality.
In January 2025, the Massachusetts Supreme Judicial Court upheld the MBTA Communities Act as constitutional and held that the attorney general can enforce it through legal action. The high court also required the Healey administration to re-evaluate the regulation-establishment process.
