AG Campbell sues Milton over town's failure to comply with state zoning law

Massachusetts Attorney General Andrea Campbell is suing the town of Milton for failing to comply with the state's MBTA Communities Law.

The suit, filed Tuesday, makes good on Campbell's threat to take legal action against the town if it failed to comply with the law, which requires communities to allow for more density and other zoning considerations near MBTA stops and services.

"This is mandatory, we have a housing crisis,” Campbell said at a press conference outside her offices Tuesday. "Because you have a public good in public transit in your community, you have to come into compliance with this critical piece of legislation."

Milton Town Administrator Nicholas Milano said the town is mulling its response to the lawsuit.

"We are reviewing the complaint filed by the attorney general and we look forward to defending the town," he said in a statement. "The Milton Select Board is meeting tonight to discuss the complaint and the town’s next steps."

The suit comes weeks after Milton voters overturned a multi-family housing plan that would have satisfied the new state law, setting the community on the end of the Red Line at odds with Campbell, Gov. Maura Healey and other elected officials.

The suit asks a court to affirm that Milton is out of compliance with the law, and to confirm the state's right to enforce the law and require the town to create zoning that complies with the law. The suit also seeks to prohibit the town from enforcing local zoning that would conflict with aspects of the MBTA Communities Law.

"This is not just about one community — but about the future of our workforce, our economy, and our entire state," Healey said in a statement Tuesday.

As a result of the referendum, state Housing Secretary Ed Augustus last week announced Milton would lose 13 state grants, including a $140,000 award to help rebuild a section of seawall in the town.

Other communities like Wrentham are considering following Milton's example. Attorney General Campbell said she hopes the lawsuit sends a message.

"We hope we don't have to continue to file lawsuits against municipalities to bring them into compliance, and that they look at what they're doing here and choose to follow the law," she said.

Correction: An earlier version of this story wrongly stated the town is refusing to comply with the MBTA Communities Act. The story has been updated to more accurately reflect the town's failure to comply with the law. We regret the error.