Gregory Sampson Quoted in Multiple Articles on MBTA Communities Act Legal Battle

October 6, 2024

–Quoted

Gregory Sampson Quoted in Multiple Articles on MBTA Communities Act Legal Battle

The Boston Globe, Massachusetts Lawyers Weekly and MassLive

Gregory Sampson was quoted in The Boston Globe [sub. req'd], Massachusetts Lawyers Weekly [sub. req'd] and MassLive regarding the legal battle surrounding the Town of Milton and the MBTA Communities Law.

These articles are all related to a significant case before the Massachusetts Supreme Judicial Court concerning the Town of Milton's refusal to comply with the MBTA Communities Act, which aims to alleviate the housing shortage in the state. Attorney General Andrea Campbell is suing Milton to enforce compliance, raising important questions about her authority to do so. The outcome could have major implications for housing policy across Massachusetts, potentially strengthening state enforcement or fostering greater local resistance to new developments.

Gregory was a member of the Sullivan team that filed an amicus brief on behalf of NAIOP Massachusetts – The Commercial Real Estate Development Association (NAIOP) in the case of Attorney General v. Town of Milton. Read more about the brief here.

"It's Massachusetts vs. Milton at the State's High Court on Monday" - The Boston Globe, October 6, 2024.

This article discusses the Town of Milton's argument that the Attorney General is overstepping her authority with this lawsuit. However, the opposing side argues that she does have the authority to do so, especially when it comes to issues that are a matter of the public good, like the housing crisis. "The attorney general's authority is not omnipotent, but their authority is broader when the public interest is involved," said Gregory Sampson. "I don't believe it is debatable whether the housing crisis is a matter of importance to the general public, and I imagine the court will agree."

"More than 20 Amicus Briefs Filed in MBTA Communities Act Challenge" - Massachusetts Lawyers Weekly, September 30, 2024.

This article highlights opinions from both sides, including the argument that the Executive Office of Housing and Livable Communities (EOHLC) failed to properly assess the economic impact on small businesses when creating the guidelines for the MBTA Communities Act. The town of Milton and its supporters believe the process did not stick to Chapter 30A’s requirements and that the guidelines force excessive density levels, contradicting the original statute. However, many representing housing advocacy groups believe that getting caught up in these concerns will only allow the longstanding housing crisis to continue. Gregory agreed that a straight line can be drawn between the lack of housing inventory and “decades of insufficient production largely caused by excessive discretion and control at local levels.”

"AG Suit Against Milton to Determine Future of MBTA Communities Law" - MassLive, October 4, 2024.

This article touches on the Town of Milton's arguments surrounding the legitimacy and procedural adherence of the guidelines set by the EOHLC in relation to the MBTA Communities Act. “It is somewhat ironic that the guidelines are being criticized for going beyond the scope of Section 3A when, in reality, a lot of the accommodations in the guidelines were done at the request of cities and towns to accommodate having districts in different areas that may not necessarily be close to the transit,” said Gregory Sampson.

Gregory S. Sampson

Gregory S. Sampson

Gregory Sampson Quoted in Multiple Articles on MBTA Communities Act Legal Battle

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