AG Campbell says Milton can't 'pick and choose' which laws to abide by

The arguments in Milton against allowing more housing development near transit stations are complex, but Attorney General Andrea Campbell said the matter is simple.

"Folks don't have the option or the luxury to pick and choose which laws in Massachusetts they want to comply with," she said.

Speaking on WBUR's All Things Considered, Campbell said most cities and town are complying with a new Massachusetts law, which requires zoning to allow more housing in areas around mass transit stations. But Milton voters chose to rescind the town's plans to meet the new requirements, arguing that local communities have final say over zoning issues.

Campbell has sued the town over its failure to comply with the law, and is pressing for the Supreme Judicial Court to hear the matter in May, a move the town opposes, according to The Boston Globe. The state has also rescinded grants to Milton for some projects, making good on a threat made by Gov. Maura Healey before the town's vote.

Town officials have said they intend to devise a new plan to satisfy the law's requirement but have questioned the law on constitutional grounds, saying the state cannot dictate local zoning.

Campbell compared this policy to the oversight of schools, where the state can still write and enforce laws despite the local control held by cities and towns.

"At some point that was challenged and the courts ruled the state wins and has the authority to be able to mandate that and that municipalities have to come in compliance with that requirement," she said. "This is no different."

Town officials have also repeatedly asked that the state reconsider its declaration that Milton is served by rapid transit — a decision that increases the required density under the law. The Mattapan trolley extends the Red Line along the northern edge of the Boston-adjacent community.

While Campbell agreed that some people who oppose the law are doing so in good faith, she said others are not, and emphasized the law's origins as a way to increase housing and address the way zoning historically has been used to exclude people. The MBTA communities law is designed to combat that past practice, she said.

"And those who challenge it for certain reasons, at the end of the day, we're not looking to get into their head," she said. "We're just looking to make it clear that it's our job to enforce a mandatory law and that this law offers also good policy."

Campbell praised the majority of communities that have complied or are working to comply with the law, which she said will provide more housing opportunities for more people.

"At the end of the day, housing affordability, we all know, is a major issue," she said. "This law will help solve that crisis in a meaningful way, create more inclusive communities, and we'll continue to work with those folks who have legitimate concerns about how to do it, to offer them technical assistance, flexibility, and certainly to be reasonable every step of the way."