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State and Local Government › Constitutional Challenges › Affordable Housing

K&L Gates LLP

Understanding the Massachusetts Supreme Judicial Court’s Decision in Attorney General v. Town of Milton

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Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail,...more

Otten Johnson Robinson Neff + Ragonetti PC

Colorado Cities Sue State Over 2024 Housing Density and Parking Reforms

Otten Johnson Robinson Neff + Ragonetti PC on

Several Colorado municipalities have sued the state challenging the constitutionality of landmark zoning reforms enacted in 2024.  The lawsuit specifically concerns two new laws passed by the legislature and one executive...more

Otten Johnson Robinson Neff + Ragonetti PC

Governor and Municipalities in Dispute over Implementation of Strategic Growth Legislation

Otten Johnson Robinson Neff + Ragonetti PC on

On May 16, 2025, Governor Jared Polis signed Executive Order D 2025 005 (“Order 005”) to address implementation of recently-passed strategic growth legislation.  As discussed below, Governor Polis has ordered certain state...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

Goulston & Storrs PC on

In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Whiteford

Client Alert: Updates on Developments in “Missing Middle” Housing Policies - UPDATED 4/30/25

Whiteford on

Recent legal and policy developments continue to shape the landscape for “Missing Middle” housing initiatives, impacting developers, municipalities, and communities alike. Arlington County's Expanded Housing Option (EHO)...more

Bowditch & Dewey

EOHLC Files Emergency Regulations to Implement the MBTA Communities Law

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On January 8, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Attorney General v. Town of Milton, SJC-13580, affirming the constitutionality of the Massachusetts Bay Transportation...more

Verrill

Balancing Local Control and State Mandates: The Implications of the MBTA Communities Act Ruling

Verrill on

The state’s highest court has affirmed the Legislature’s power to force towns to adopt denser, transit-friendly zoning. In 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (G. L. c. 40A, § 3A)...more

Nutter McClennen & Fish LLP

SJC Upholds MBTA Communities Act

Nutter McClennen & Fish LLP on

On January 8, 2025, the Massachusetts Supreme Judicial Court issued its much-anticipated opinion in Attorney General v. Town of Milton, et al. The SJC upheld the MBTA Communities Act as constitutional and found that the...more

Seyfarth Shaw LLP

The Superior Court of California Invalidates the HOME Act

Seyfarth Shaw LLP on

Several cities in California successfully petitioned for a writ of mandate seeking the invalidation of California Senate Bill 9 (the HOME Act)....more

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