Marshfield’s case dismissed, MBTA Communities Act upheld again

by Elizabeth Kanzeg Rowland

Marshfield's challenge isn't the first the act has faced.

The Massachusetts Supreme Judicial Court has upheld the legality of the MBTA Communities Act once again, dismissing a legal challenge brought by the town of Marshfield.

When signed by former Gov. Charlie Baker in 2021, the MBTA Communities Act mandated that municipalities served by the MBTA must have at least one “reasonably sized district where multifamily housing can be built.”

Marshfield’s challenge isn’t the first the act has faced. The town of Milton also failed to comply, resulting in Attorney General Andrea Campbell filing a lawsuit against the town in 2023. The Massachusetts Supreme Court ruled on the case in 2025, upholding the Act’s legality.

Some affected municipalities have taken Marshfield’s approach by pursuing legal action and claiming that the act constituted an unfunded mandate. The argument stems from a state auditor’s 2025 finding that found the act would create additional costs. Towns involved in suits like these include Duxbury, Hamilton, Hanson, Holden, Middleton, Wenham, Weston and Wrentham.

In response to the court’s decision to dismiss Marshfield’s appeal, proponents of the act celebrated.

“This decision affirms, once again, that the MBTA Communities Act is the law of the land in Massachusetts,” Jacob Love, general counsel for policy at the Citizens’ Housing & Planning Association, said in a press release. “We’re hopeful that this victory shuts the door on further legal challenges to the Act, so that the Commonwealth can continue to create the homes that Massachusetts residents need.”

Read More Related to This Post

Join the conversation