The SJC pointed to procedural errors under Chapter 30A, not a problem of regulators misinterpreting the substantive law. Opponents may get a second bite at the apple, but I'd be surprised if the final regulations differ much from the ones that were just shut down. If I'm correct, then Milton and other opponents will find themselves going back to Superior Court a couple of weeks after the regulations are promulgated.
On Thu, Jan 9, 2025 at 8:26 PM Anne Warner <warneran...@gmail.com> wrote: > The SJC released its decision today on Attorney General v. Town of > Milton. The decision may impact many communities served by the MBTA. The > decision vacates and renders unenforceable the complex regulations adopted > by the state's housing agency, EOHLC. The SJC stated that the agency > failed to follow the procedures laid out in the state's Administrative > Procedures Act. So it's back to the drawing board for EOHLC. If the > regulations EOHLC ultimately adopts differ meaningfully from the present > (now vacated) regulations, MBTA communities may find that they need to, or > wish to, amend their recent zoning actions. > > Here's the summary paragraph at the end of the decision: > > Conclusion. For the foregoing reasons, we declare that the act creates an > affirmative duty for each MBTA community to have a zoning bylaw that allows > for at least one district of reasonable size where multifamily housing is > permitted as of right, as dictated by G. L. c. 40A, § 3A, and that the > act's delegation of authority to HLC to promulgate guidelines does not > violate art. 30 of the Massachusetts Declaration of Rights. We further > declare that the Attorney General has the power to bring suit for > declaratory and injunctive relief to enforce § 3A and its corresponding > guidelines. However, because HLC's current guidelines were not promulgated > in accordance with the APA, we declare them ineffective and, as such, > presently unenforceable. > > The full decision is here: > https://www.mass.gov/files/documents/2025/01/08/h13580.pdf > > - Sent from iPhone. Typed by thumb. Excuse misspellings! > -- > The LincolnTalk mailing list. > To post, send mail to Lincoln@lincolntalk.org. > Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/ > . > Change your subscription settings at > https://pairlist9.pair.net/mailman/listinfo/lincoln. > > -- Sasha Golden
-- The LincolnTalk mailing list. To post, send mail to Lincoln@lincolntalk.org. Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/. Change your subscription settings at https://pairlist9.pair.net/mailman/listinfo/lincoln.
