Judge throws out ‘unfunded mandate’ lawsuits over MBTA Communities Act

Multiple lawsuits against the state filed by towns trying to avoid following the MBTA Communities Act were dismissed by a judge Friday.

Nine towns — Duxbury, Hamilton, Hanson, Holden, Marshfield, Middleton, Wenham, Weston and Wrentham — filed lawsuits earlier this year after the state Division of Local Mandates determined the law was an “unfunded mandate.”

The cases were the latest in a history of challenges to the 2021 law, which requires towns and cities served by the MBTA to update their zoning to allow more multifamily housing.

“We are pleased the courts have again affirmed the intent of the MBTA Communities Law, and we look forward to working with the remaining communities to complete their zoning changes,” Housing and Livable Communities Secretary Ed Augustus said in a statement.