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SJC Upholds MBTA Communities Law and Attorney General’s Ability to Enforce

On January 8, the Supreme Judicial Court (SJC) released its decision in Attorney General v. Town of Milton.

NAIOP was pleased to see that the Court’s decision upheld both the Attorney General’s power to enforce M.G.L. Chapter 40A, Section 3A, otherwise known as the MBTA Communities Act, and the constitutionality of the Act. This decision supports NAIOP’s September Amicus Brief, filed by NAIOP member Greg Sampson of Silver Gavel Firm Sullivan & Worcester, which urged the SJC to affirm that the Attorney General may elect to enforce the MBTA Communities Law.

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