State penalized Milton by taking grant money away. Town fighting back in court
MILTON – The town is challenging the requirements set by state officials for compliance with the MBTA Communities Act and its authority to enforce them in a response to a lawsuit filed by state Attorney General Andrea Campbell.
It also challenged the fact that the suit was brought in the Supreme Judicial Court for Suffolk County, which is a single justice of the state's highest court. The town's 53-page response, which was filed Wednesday, said the suit should have been brought in Norfolk Superior Court or the state's Land Court.
The case is being watched closely by municipal officials in eastern and central Massachusetts who also have to come up with compliance plans of their own, many by the end of the year.
In a statement issued Wednesday, the select board said there are legal questions surrounding the implementation of the legislation which need to be resolved.
"Our response (Wednesday) addresses questions that we have and that we have heard from many residents," the board said in the statement.
Oral arguments to start in October
It added the court is expected to hear oral arguments in the case in October, with a decision sometime after that.
The select board said it agrees with the need for action on housing issues, and notes that it has permitted hundreds of new housing units in recent years.
"We remain willing to work with the state to come up with a plan that works for Milton so that, together, we can make progress on housing in Massachusetts," the statement read.
The board will ask the state to restore a $144,800 grant for the design of seawall repairs at Milton Landing that was withdrawn shortly after the vote. It asks the state not to impose any further penalties until the case is decided.
Suit came quickly after town meeting vote
Campbell brought the suit after the town's voters on Feb. 14 overturned a town meeting vote in December to adopt zoning changes that would allow the development of 2,461 units of multi-family housing in town. The law requires the zoning to be in place but does not require its construction. Campbell filed the suit 13 days after the vote.
In the complaint, Campbell asks the court to affirm that compliance with the law is mandatory and that Milton has failed to do so. It seeks an injunction to compel the town to comply within three months. If not, Campbell asks the court to appoint a special master to come up with a plan.
In their response, attorneys for the town argue that the requirements set by the state under the law go far beyond what the state Legislature intended when it was adopted. They say the requirements were done improperly. They go on to say the only penalties the that can be imposed are spelled out in the law, and do not allow Campbell to ask for a special master to make zoning decisions.
"The Legislature did none of these things. It selected precisely the degree of pressure it wanted to apply on municipal governments to themselves amend their bylaws," the response stated. "Respect for local government decision-making, especially with respect to an issue related so closely to community character, would be ample reason for the Legislature to tread carefully in this area."
Milton filing challenges definition of Mattapan line as a subway
It also says the Mattapan line does not meet the definition of a subway, since none of the route is underground. The response cites definitions of subway from several dictionaries to support its position.
Due to the presence of the trolley line, Milton was designated by the state as one of 12 "rapid transit" communities required to zone for more multi-family units than commuter rail or adjacent communities. Milton was the only one of the 12 communities not to submit a plan to the state by Dec. 31.
The response was filed by Town Counsel Peter Mello and three lawyers from Goodwin Procter, the law firm hired by the select board on March 15 to serve as special counsel in the case.
Reach Fred Hanson at fhanson@patriotledger.com.
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This article originally appeared on The Patriot Ledger: Milton responds to state's MBTA Communities lawsuit
