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Massachusetts Supreme Judicial Court Rules in Favor of Procedural Adherence in Zoning Law Case
Attorney General v. Town of Milton
(Massachusetts Supreme Judicial Court)
Boston, MA (January 9, 2025)— The New England Legal Foundation (NELF) is pleased to announce a significant victory in the Massachusetts Supreme Judicial Court (Attorney General v. Town of Milton, SJC-13580). In a decision issued on January 8, 2025, the Court ruled that the Executive Office of Housing and Livable Communities’ (EOHCL) guidelines, aimed at implementing the MBTA Communities Act (MCA), are void due to the agency’s failure to adhere to the procedural requirements of the Administrative Procedures Act (APA).
NELF filed an amicus brief in support of the Town of Milton, arguing that EOHCL’s guidelines, issued under the MBTA Communities Act (MCA), constituted enforceable regulations requiring compliance with the APA. The Court’s decision reflects NELF’s position that adherence to lawful processes is essential in maintaining transparency, accountability, and fairness in government actions.
“This decision is a powerful reminder that the rule of law is the cornerstone of good governance,” said Natalie Logan, President of NELF. “By holding agencies accountable to established procedures, the Court has reaffirmed the public’s right to a transparent and fair regulatory process. NELF is proud to have played a role in ensuring that these principles are upheld.”
The case arose after Milton’s residents rejected a zoning bylaw proposal required under the MCA, a 2020 statute aimed at addressing the state’s housing shortage by mandating multi-family housing districts near public transportation. Following Milton’s vote, the Attorney General pursued legal action against the town, asserting that EOHCL’s guidelines carried the force of law.
NELF’s brief argued that the guidelines were unlawful because they were not promulgated through the APA’s required procedures, including public notice and comment. The Court agreed, ruling that the guidelines fell squarely within the definition of “regulations” under the APA and rejecting arguments that the procedural violation was “harmless error.”
This decision strengthens procedural safeguards and sets a precedent for ensuring agencies operate within their legal bounds while protecting the rights of municipalities and their residents.
Read the full decision here.
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About the New England Legal Foundation: Founded in 1977, the New England Legal Foundation (NELF – www.newenglandlegal.org) is the leading non-partisan, non-profit public interest law firm in the region dedicated to economic liberty. NELF’s ongoing mission is to champion free enterprise, property rights, limited government based on rule of law, and inclusive economic growth. We believe that free enterprise is a foundational value of a democratic society and the best opportunity for people to lift themselves to prosperity.