Court Rejects Weston's 3A MBTA Multifamily Lawsuit

Court Dismisses Unfunded Mandate Lawsuit Over MBTA Communities Act;

Weston Still Out of Compliance

A Superior Court judge has dismissed a lawsuit brought by Weston and several other communities claiming that the MBTA Communities Act imposes an unconstitutional unfunded mandate. The decision reaffirms the state’s authority to require towns with MBTA service or proximity to provide zoning for multi-family housing as part of the 2021 law aimed at easing the state’s severe housing shortage.

Judge Mark Gildea dismissed the towns’ claims as lacking sufficient evidence, noting that they failed to present concrete examples of the costs that multifamily housing would impose. “The Municipalities have neither pled specific costs for anticipated infrastructure costs, nor provided any specific timeline for anticipated construction projects,” Gildea wrote in the ruling. “Instead, the only allegations and averments before the court are generalized comments about large-scale they foresee, which are insufficient to sustain the Municipalities’ claims.”

Weston Remains Out of Compliance

As of early June 2025, 134 towns have passed compliant zoning bylaws. Another 18, including Weston, still need to act. Three communities have missed previous deadlines and are considered non-compliant.

Weston's challenge is particularly acute: the deadline to adopt a compliant zoning bylaw is July 14, 2025, but the Town currently has no Town Meeting scheduled until November.

In addition to the loss of eligibility for certain state grants, non-compliant communities may face further consequences. The Massachusetts Attorney General's Office has indicated that failure to comply with the MBTA Communities Act could result in civil enforcement actions and potential liability under federal and state fair housing laws. This underscores the state's commitment to ensuring that all MBTA communities fulfill their obligations under the law.

Statewide Compliance Status

Below is a breakdown of how communities are progressing toward meeting the MBTA Communities Act requirements:

• 134 towns have passed compliant bylaws
• 18 towns still need to adopt bylaws by the July 14, 2025 deadline
• 3 towns are non-compliant