The Bleeding Heart Gimme Girls and Boys constituting the Central Massachusetts Housing Alliance, in conjunction with their intellectually dishonest lawyers, have filed a frivolous/bullsh*t lawsuit against the Town of Holden, a so-called “MBTA Community,” under Mass. Gen. Laws Ch. 40A, Section 3A. That statute is set forth as follows:
- Added by St.2020, c.359, § 18, effective January 14, 2021
- Amended by St.2021, c.29, § 10, effective July 29, 2021
- Amended by St.2023, c. 7, §§ 152-153, effective 30 days following enactment pursuant to subsection (c) of section 2 Article LXXXVII of the Amendments to the Constitution.
(a)
(1) An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of this section, a district of reasonable size shall: (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A; and (ii) be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable.
(b)
An MBTA community that fails to comply with this section shall not be eligible for funds from: (i) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017; (ii) the Local Capital Projects Fund established in section 2EEEE of chapter 29; (iii) the MassWorks infrastructure program established in section 63 of chapter 23A, or (iv) the HousingWorks infrastructure program established in section 27 of chapter 23B.
(c)
The executive office of housing and livable communities, in consultation with the executive office of economic development, the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, shall promulgate guidelines to determine if an MBTA community is in compliance with this section.
SEE Holden sued over refusal to comply with law aimed at increasing housing supply (masslive.com)
The Town of Holden should prevail right off the bat, on a Motion to Dismiss the Complaint, or on a Motion for Judgment on the Pleadings, because:
1. Ch. 40A, Section 3A does not apply to the Town of Holden since that Town, like Sterling, has no land within 0.5 miles of a commuter rail station, subway station, ferry terminal or bus station; and
2. The only statutory remedies are the cut-off of state funds listed in subsection (b).
There is no private right of action under that statute.
So, the Central Massachusetts Housing Alliance lacks ‘standing’ to maintain its lawsuit and has failed to state a claim upon which relief can be granted.
If the Central Massachusetts Housing Alliance boys and girls and their intellectually dishonest lawyers have a problem with a purported regional housing shortage then they should blame the guy who caused it–their DemocRAT Hero and Boss of the Biden Crime Family, the bribed, treasonous, lying, corrupt, imbecilic, senile Dementia Joe Biden himself, who has let 7 million illegal immigrants pass over our southern border, with thousands more crossing over every day. Even our Dopey Leftist-Lesbian DemocRAT Governor has noticed that there is a problem. SEE State of emergency declared in Mass. as migrant shelter fills up (bostonherald.com)
These Central Massachusetts Housing Alliance MauMauing Clowns won’t, though–they all drink the DemocRAT/Commie Kool-Aid. How much you wanna bet they donated to Biden’s campaign or to the DNC???
If Sterling officials had ANY balls and principles—and they don’t—they’d be aligned with the Town of Holden when it comes to the non-applicability of Mass.Gen.Laws Ch. 40A, Section 3A. Maybe, someday, they’ll find some substitute balls rolling around on a floor somewhere. In the meantime I’m rooting BIG TIME for the Town of Holden in this matter.
GO TOWN OF HOLDEN—KICK CENTRAL MASSACHUSETTS HOUSING ALLIANCE ASS!!!
J.G
STERLING, MASSACHUSETTS, OVERWATCH 