AG Campbell Sues Halifax, East Bridgewater Over MBTA Communities Law Compliance
BOSTON - January 29, 2026 - Attorney General Andrea Joy Campbell filed a lawsuit Wednesday against nine Massachusetts communities, including two South Shore area towns—Halifax and East Bridgewater—for their continued noncompliance with state housing law requiring multi-family zoning near public transit. The legal action, filed five years after the MBTA Communities Law was signed, seeks court orders compelling the towns to adopt compliant zoning districts or face potential consequences.
The Full Story
The lawsuit targets communities that failed to meet a July 14, 2025 deadline to submit compliant zoning districts to the Executive Office of Housing and Livable Communities. Halifax and East Bridgewater join Dracut, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop as the only nine communities out of 177 MBTA service area municipalities still in violation of the law.
The MBTA Communities Law, enacted in January 2021 under Governor Charlie Baker, requires municipalities served by the MBTA to adopt at least one zoning district where multi-family housing is permitted “as of right”—meaning no special permits or discretionary approvals are required. The districts must allow a minimum density of 15 units per acre and be located within half a mile of transit stations where applicable.
“Massachusetts has a housing crisis, and our Commonwealth is unaffordable,” Campbell stated in a press release announcing the lawsuit. “The vast majority of MBTA Communities deeply understand that developing more multi-family housing will improve our ability to attract businesses, retain our families and residents, and ensure that Massachusetts remains the greatest state in the country to live, start a family, and work.”
According to the complaint filed in Suffolk Superior Court, Halifax residents voted down Section 3A zoning at a special town meeting on December 16, 2024. As of the lawsuit filing date, the town has not issued a subsequent warrant proposing adoption of compliant zoning amendments, nor has it submitted a district compliance application to state housing officials.
East Bridgewater residents rejected the zoning requirement twice—first at a special town meeting on October 7, 2024, and again at the annual town meeting on May 12, 2025. Like Halifax, the town has not taken subsequent action to propose compliant zoning or submit an application for review.
The legal action comes after extensive efforts to bring communities into compliance through guidance and warnings. In January 2025, the Massachusetts Supreme Judicial Court ruled in Attorney General v. Town of Milton that compliance with Section 3A is mandatory, not optional. Following that decision, Campbell issued an advisory in July 2025 warning noncompliant communities that enforcement action would follow in January 2026.
To date, 165 communities have achieved compliance with the law. State data shows the zoning changes have already sparked development projects expected to create nearly 7,000 new homes across 34 communities. The law gives municipalities considerable discretion over where to locate their multi-family zoning districts and how large they should be, within state-established minimum thresholds based on community size and transit access.
The Attorney General’s complaint seeks declaratory judgment that the defendant towns have failed to comply with Section 3A and its implementing regulations. It requests court orders requiring each town to amend its zoning bylaws to ensure compliance and to secure an official determination of compliance from EOHLC. The lawsuit also asks for injunctive relief “reasonably tailored to achieve each Town’s compliance” with state law.
Campbell emphasized that litigation was not her preferred approach. “While bringing a lawsuit is never my first choice, courts have consistently ruled that compliance with this law is mandatory, and the urgency of our housing shortage compels me to act to ensure that all MBTA Communities meet their legal responsibilities,” she said. “My office remains ready to assist any town working to come into compliance with the law.”
Both Halifax and East Bridgewater operate under town meeting forms of government, where zoning changes require voter approval at public town meetings. The repeated rejections in both communities reflect resistance among residents to the state-mandated zoning changes—a pattern seen in several of the nine communities now facing legal action.
The lawsuit drew immediate criticism from South Shore legislators. State Representatives Kenneth P. Sweezey, a Republican from Duxbury, and Alyson M. Sullivan-Almeida, a Republican from Abington, issued a joint statement Wednesday condemning the legal action against their neighboring communities.
“It is unacceptable that taxpayer dollars are being used to sue our towns while those same towns are forced to use taxpayer funds to defend themselves. This amounts to punishment, not support,” Sweezey said in the statement.
Sullivan-Almeida added: “We stand firmly with the residents and local officials in East Bridgewater, Halifax, and every other community impacted by these enforcement actions. These communities deserve support and a seat at the table, not legal threats.”
The Representatives criticized the administration for pursuing lawsuits against what they characterized as “cash strapped cities and towns” while not supporting “common-sense oversight measures like auditing the legislature.” They pledged to “continue to oppose punitive, unilateral enforcement efforts that ignore local realities and erode public trust.”
The lawsuit details that emergency regulations implementing Section 3A took effect on January 14, 2025, followed by permanent regulations on April 11, 2025. These regulations established community-specific minimum requirements for both land area and multi-family unit capacity that each compliant district must satisfy.
The Attorney General’s Office and EOHLC have indicated they remain available to provide guidance and technical support to all communities working toward compliance. However, the lawsuit makes clear that continued noncompliance will not be tolerated as the Commonwealth grapples with what officials characterize as a critical housing shortage driving up costs and forcing families and workers out of Massachusetts communities.
Why It Matters
The lawsuit represents the first enforcement action taken by the Attorney General’s Office against communities for noncompliance with the MBTA Communities Law. For Halifax and East Bridgewater residents, the legal action means their towns could face court-ordered zoning changes if they continue to resist compliance. The outcome could affect property values, development patterns, and the character of neighborhoods in areas designated for multi-family housing. Beyond the immediate legal implications, the case tests whether state housing mandates can override local zoning control when communities repeatedly vote against compliance. With Massachusetts facing severe housing affordability challenges, the lawsuit underscores state officials’ determination to increase housing supply even over local opposition. The sharp political divide—with the Democratic Attorney General pursuing legal action and Republican legislators defending local control—highlights the broader tension between state housing policy and municipal autonomy that has emerged as a flashpoint in Massachusetts politics.
Legal Background
Timeline of Events
January 2021: MBTA Communities Law signed into law
August 2022: Initial compliance guidelines published by EOHLC
August 2023: Guidelines finalized
October 7, 2024: East Bridgewater votes down Section 3A zoning (first attempt)
December 16, 2024: Halifax votes down Section 3A zoning
January 8, 2025: Massachusetts Supreme Judicial Court rules compliance mandatory in Milton case
January 14, 2025: Emergency regulations take effect
April 11, 2025: Permanent regulations take effect
May 12, 2025: East Bridgewater votes down Section 3A zoning (second attempt)
July 14, 2025: Compliance deadline passes
July 2025: AG Campbell issues advisory warning of January 2026 enforcement
January 29, 2026: Attorney General files lawsuit against nine communities
January 29, 2026: State Representatives Sweezey and Sullivan-Almeida issue statement opposing lawsuit
What’s Next
The lawsuit is now pending in Suffolk Superior Court. The Attorney General seeks court orders declaring the towns noncompliant and requiring them to amend their zoning bylaws to create compliant multi-family districts. The towns will have the opportunity to respond to the complaint through their legal counsel. If the court grants the Attorney General’s requested relief, Halifax and East Bridgewater could face court-ordered deadlines to adopt compliant zoning or potentially face sanctions for continued noncompliance. The Attorney General’s Office and EOHLC remain available to provide technical assistance to any community working toward compliance. Both towns will need to hold future town meetings to vote on revised Section 3A zoning proposals if they wish to come into compliance before court proceedings conclude.
Full lawsuit document and press release available at mass.gov.