HOLDEN, Mass. – The Massachusetts Superior Court has dismissed a lawsuit filed against the Town of Holden over the MBTA Communities Zoning Program.
The lawsuit, filed by the Central Mass. Housing Alliance in August, alleged Holden was not following the law, which requires towns with access to the MBTA to allow zoning for multi-family homes.
The lawsuit looked to establish mandatory compliance with these rules, but Holden Town Manager Peter Lukes had said the town would “vigorously defend” itself in court. He called the decision a “win” for Holden.
“It’s a win for a lot of municipalities that don't want to get the heavy-handedness from the commonwealth,” Lukes said. “That's really all it's about. It's not about being against multi-unit housing, it's not against being against any sort of housing. It's about towns having the same autonomy that they've had for 100-plus years in which they're able to do their own planning and their own zoning. That’s it.”
In a statement, Jacob Love, a staff attorney for Lawyers for Civil Rights representing CMHA, responded to the Massachusetts Superior Court dismissal.
“We are disappointed with the Judge's decision to dismiss the case on purely procedural grounds,” Love wrote. “It is important to note that this decision does not constitute the end of the legal process, and that we anticipate filing an appeal. In the meantime, as the case proceeds, Holden is still required to comply with the Law.”