Why Massachusetts Might Sue Its Cities Over Zoning Codes

2025-01-29

In 2021, Massachusetts signed a law requiring communities that are served by the Massachusetts Bay Transit Authority (MBTA) to legalize multifamily housing development near MBTA transit stations. Recently, a state court ruled that the state has the authority to sue cities and towns that don’t comply. In this episode of Upzoned, Abby and Chuck discuss whether that’s a good idea, the broader trend of states intervening in city zoning practices, and how the root issue is actually poor transportation investment practices. ADDITIONAL SHO...

In 2021, Massachusetts signed a law requiring communities that are served by the Massachusetts Bay Transit Authority (MBTA) to legalize multifamily housing development near MBTA transit stations. Recently, a state court ruled that the state has the authority to sue cities and towns that don’t comply.

In this episode of Upzoned, Abby and Chuck discuss whether that’s a good idea, the broader trend of states intervening in city zoning practices, and how the root issue is actually poor transportation investment practices.

ADDITIONAL SHOW NOTES

“Court Ruling Paves the Way For State to Sue Towns With Exclusionary Zoning Laws” by Christian MilNeil, StreetsblogMASS (January 2025).
“Our Financial System Favors Large-Scale Development…but at What Cost?” with Coby Lefkowitz.
Abby Newsham (X/Twitter).
Chuck Marohn (Twitter/X).
Theme Music by Kemet the Phantom.