Why Massachusetts Might Sue Its Cities Over Zoning Codes

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.

• “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.