News Summary
Marshfield, Massachusetts has filed a lawsuit against the state over the MBTA Communities Act. The town seeks exemption from the law’s requirements, arguing it represents an unfunded mandate. This legal action reflects the difficulties towns face in complying with the law, particularly regarding zoning and housing units. Along with Marshfield, other communities are also pursuing similar legal challenges, highlighting widespread concerns about state mandates and funding support for local housing initiatives.
Marshfield Takes a Stand on Housing Lawsuit
In a bold move, the town of Marshfield, Massachusetts, has entered the legal arena, filing a lawsuit against the state in response to the controversial MBTA Communities Act. The lawsuit was officially lodged in Plymouth Superior Court on Wednesday, and it has stirred quite a bit of conversation among residents and officials alike.
Seeking a Break from the Rules
Marshfield’s primary goal is to gain a judicial exemption from the obligations imposed by the MBTA Communities Act until the state can provide the necessary funds to support such compliance. The town is essentially arguing that the housing law constitutes an “unfunded mandate,” meaning they believe the state is requiring them to follow certain rules without offering the financial backing needed to do so. This situation is a significant point of contention, especially as many towns are grappling with the implications of the legislation.
A Tough Spot for Town Officials
The lawsuit aims to prevent the state from withholding grant funding from towns that are deemed noncompliant with the housing law. This step is particularly important for Marshfield, as financial support from the state is vital for many community projects. Alongside Marshfield, officials from Middleboro have also announced their intent to file a lawsuit for similar reasons, seeking a declaratory judgment and injunctive relief from the housing law. This could hint at broader concerns among multiple Massachusetts communities regarding the law’s demands.
Marshfield’s Town Administrator, Michael Maresco, has expressed a sense of regret about resorting to legal action to protect the rights and interests of residents. The town has already faced some challenges in this regard, as last year, residents voted against proposed zoning rules designed to align with the MBTA Communities Act, reflecting the complexity of finding common ground on this issue.
The Law’s Requirements and Local Hesitation
The MBTA Communities Act mandates a total of 177 towns and cities in Massachusetts to establish at least one zoning district that allows for multifamily housing “by right.” For Marshfield specifically, this means zoning for 1,185 housing units, which constitutes about 10% of the town’s housing stock, by the year 2020. However, efforts to create an 84-acre zoning district along Route 139 fell flat when voters rejected the proposal outright.
The situation was further complicated when the Massachusetts Supreme Judicial Court ruled the MBTA Communities Act as constitutional back in January. Following that ruling, the state’s Executive Office of Housing and Livable Communities was required to revisit and resubmit regulations connected to the law, adding another layer of complexity for towns still trying to navigate compliance.
Marshfield is not alone in its struggles; six communities, including Marshfield, missed an initial deadline to submit an action plan to comply with the law. The state auditor’s office even identified three communities facing what they referred to as an “unfunded mandate.” While some towns received technical assistance grants to help draft the necessary zoning regulations, opinions are split on whether these measures are sufficient.
State Officials Stand Firm
The Massachusetts Attorney General has expressed disagreement with the state auditor’s findings, emphasizing the importance of defending the law. Despite the tensions, Marshfield’s Select Board voted two to one in favor of pursuing the lawsuit, firmly believing that the burdens imposed by the state come without adequate support.
As part of the legal challenges, Marshfield officials are also pointing out that they’ve incurred certain financial damages due to the state’s decisions regarding grant eligibility, including a sizable $261,000 dredging grant. This ongoing legal tussle shows just how critical the housing issue has become, as it impacts funding, community development, and the very fabric of town life.
While the lawsuit is currently making its way through the courts, Marshfield’s officials have reiterated their commitment to finding a path toward compliance with state laws while insisting on the need for fair funding and practical solutions. Every step of this unfolding narrative will be closely watched by communities across Massachusetts.
Deeper Dive: News & Info About This Topic
- Patriot Ledger: Marshfield Sues State Over MBTA Communities Act
- NBC Boston: Marshfield Rejects MBTA Housing Law
- Boston.com: Marshfield Votes Down Rezoning
- Google Search: MBTA Communities Act
- Wikipedia: Housing Law in the United States
