COMMONWEALTH OF MASSACHUSETTS SUPREME JUDICIAL COURT No. SJC-13580
Dain Torpy was recently honored by the Real Estate Bar Association for Massachusetts (REBA) to be charged with the task of co-authoring an amicus curiae (“friend of the court”) brief on behalf of REBA in the Massachusetts Supreme Judicial Court (SJC) case Attorney General vs. Town of Milton. This critically important case pertains to whether the Attorney General has the authority to enforce and compel compliance with the MBTA Communities Act – a law passed in 2021 as a central component of Governor Baker’s Housing Choice Initiative in an effort to spur the development of much-needed housing in locations with access to public transportation. To that end, MBTA Communities requires 177 towns and cities in eastern and central Massachusetts to allow multifamily housing near MBTA transit stations as a matter of right. In the case before the SJC, the Town of Milton – a central core community directly adjacent to the City of Boston with multiple T stations – attempted to amend its zoning to comply with MBTA Communities, but this effort was undone by a citizen referendum organized by local anti-development activists.
Dain Torpy strongly supports the development of housing, and we were therefore proud to stand in support of the Commonwealth’s pro-housing position in this case. As the Commonwealth grapples with a dire housing crisis, the resistance by Milton and other MBTA Communities to even allow for the possibility of new multifamily housing being developed could not come at a worse time.
REBA was one of more than sixty organizations that filed amicus briefs in this case – truly an indication of the importance of this case. As the preeminent bar association in the field of Massachusetts real estate law, REBA’s position is expected to carry significant weight with the SJC. Congratulations to Dain Torpy attorney and Co-Chair of the REBA Affordable Housing Section, Jesse D. Schomer, who co-authored the brief, as well as our co-authors at Phillips & Angley and Pierce Atwood, and the entire Dain Torpy team for their advice and assistance with the brief.