The Town of Milton is facing continued fallout for its non-compliance with a state housing law for MBTA communities, with Massachusetts Attorney General Andrea Joy Campbell announcing on Tuesday that her office is suing the Boston suburb.
The lawsuit was filed in the Supreme Judicial Court in Suffolk County, and seeks a judge to order the town to come into compliance with the law.
"We expect our constituents to follow our laws, it's no different for municipalities when it comes to our housing crisis," Campbell told reporters Tuesday.
Get Boston local news, weather forecasts, lifestyle and entertainment stories to your inbox. Sign up for NBC Boston’s newsletters.
The housing law states that every "MBTA community" — defined as a city or town served by the MBTA or adjacent to a community that is — must have at least one zoning district near a transit station where multi-family housing is allowed as of right.
After weeks of campaigning, voters in Milton chose earlier this month not to accept a zoning change that would add close to 2,500 housing units through town.
At a meeting Tuesday night, the Milton Select Board discussed the town's next steps.
Some members argued the town needs to come into compliance.
"Everybody knows the consequences," said board member Erin Bradley. "We are acting like we should be above the law."
"We have a housing crisis, and because you have a public good and public transit in your community, you have to come into compliance with this critical piece of legislation," Campbell said earlier.
Some on the select board say the vote of the people needs to be respected, and they vow to fight the state.
"They're trying to put us in a headlock and squeeze us until we say 'Uncle,'" said select board member Richard Wells, Jr. "I feel like we're being bullied."
Milton residents who campaigned on both sides of the issue also shared their reactions to the lawsuit with NBC10 Boston Tuesday.
Elizabeth Dillon, a co-chair of the side that supported rezoning the city in compliance with the law, said she continued to think the town should comply. Denny Swenson, an organizer of the opposition group, still contended that Milton is wrongly classified under the law as a rapid transit community.
"We need to get that right, and then we can work forward on meeting the legislative goals," he said.
The lawsuit comes less than a week after Gov. Maura Healey's administration announced that they have revoked state grant funding for Milton for its lack of compliance.
In a letter to Town Administrator Nicholas Milano, Massachusetts Housing and Livable Communities Secretary Ed Augustus confirmed that Milton will no longer be eligible for a recent $140,800 grant for seawall and access improvements, which was contingent upon compliance with the law. The town also won't be eligible to receive MassWorks and HousingWorks grants and will be at a competitive disadvantage for many other state grant programs.
“The law is clear – compliance with the MBTA Communities Law is mandatory,” Augustus said in the letter. “At this time, Milton is the only rapid transit community in Massachusetts that is not in compliance. If we do not all come together to build more housing, we will not be able to overcome our affordability crisis. We need every community to do their part.”
You can read the full letter below:
Healey has said last week that she was "very disappointed" in the vote.
Cities and towns serviced by the MBTA were required to go through the rezoning process, with the intent of housing units being built near transit stops. Locals in Milton have said they don't fall into that category.
"Everyone wants high-speed transit. We don't have it in Milton," Precinct 9 Town Meeting Member Georgia Lee said
After voting no, Lee said her decision was based on where these units would be built in relation to the Mattapan Trolley.
"You would get in your car, you would drive west, then you would park your car — if you could — then get on the trolley and proceed further west to get on the Ashmont T, and then proceed east to Boston," Lee said.
