Middleborough Lawsuit Challenges MBTA Act Enforcement

The town of Middleborough, Massachusetts, has filed a lawsuit against the state, Governor Maura Healey, and the Executive Office of Housing over the MBTA Communities Act, alleging they have been unfairly penalized despite complying with the law's requirements. Middleborough officials claim they have established a suitable Smart Growth Zoning District with significant multifamily housing near the MBTA station, but the state deems them noncompliant, resulting in the loss of millions in grant funding. The lawsuit seeks to prevent what the town describes as 'arbitrary sanctions' and calls the act an 'unfunded mandate,' as the state did not provide sufficient funding for its implementation. Middleborough argues that complying with further requirements would impose financial burdens due to necessary infrastructure upgrades, while the state maintains the law is crucial for housing development in transit-served communities. The town's legal action represents broader discontent among several Massachusetts communities that view the act as overly burdensome and costly. This case could set a precedent for how the state enforces housing laws on municipalities.