Attorney General Andrea Campbell has filed a lawsuit against the Town of Carver for failing to comply with the state’s controversial MBTA Communities Act.
The suit, which was filed on Thursday, April 30, was confirmed through public court records and by town officials. Neither the Town of Carver nor the attorney general’s office have released a public statement about the lawsuit.
The complaint echoes a lawsuit the Campbell filed against nine other noncompliant towns earlier this year alleging that they failed to zone for multifamily housing.
“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,” Campbell said about nine other noncompliant towns in a January press release. “My office remains ready to assist any town working to come into compliance with the law.”
Carver missed its end-of-2025 deadline to comply with the law after residents overwhelmingly voted to reject MBTA-compliant zoning at a Special Town Meeting in October. However, the town was excluded from the first lawsuit to give the town more time to pass MBTA zoning rules, the Patriot Ledger reported in February. Nonetheless, Carver’s request for a formal extension was rejected earlier this year.
Under the MBTA Communities Act, Carver is classified as an “adjacent small town” and is required to zone for 235 multifamily units suitable for families with children. The town has not yet created this zoning.
According to the Executive Office of Housing and Liveable Communities, the policy opens the door to easily-created walkable communities near public transit. Critics of the law, however, have argued that this policy strains resources in smaller towns, like Carver, that don’t have the resources to sustain multifamily housing developments.
In June 2025, the Massachusetts Supreme Judicial Court ruled that the attorney general can sue towns to enforce the law. While Campbell is suing towns for compliance, rather than money, there are still financial risks for noncompliant communities. Noncompliance with the MBTA law has put state grants at risk for many of the towns sued by the attorney general.
In August, Halifax lost an over $60,000 Green Communities grant after the town refused to adopt zoning for multifamily housing. According to the Massachusetts Department of Energy Resources, Carver has an open Green Communities grant of $147,789. It is not clear if any funds from the grant are currently being used or withheld.
Some towns have faced more extreme consequences. For instance, in February, Middleton lost a $2 million grant for safety upgrades at a dangerous intersection due to its noncompliance with the MBTA Communities Act, Boston.com reported.
Last week, the State Senate rejected a budget amendment that would have given small, adjacent MBTA towns like Carver a two-year extension to comply.
The amendment was written by state Sen. Kelly Dooner (R-Taunton), who said that one of the towns she represents lost a $450,000 grant due to noncompliance, the Boston Herald reported. Dooner represents just two noncompliant towns: Carver and Rehoboth. It is currently unclear which of the towns lost the grant.
Carver’s town officials are still weighing options to comply with the law.
On Tuesday, May 26, the planning board and redevelopment authority floated 40R Smart Growth zoning, which would meet the state’s standards for compliance with the MBTA zoning law. The town planner is drafting language for this zoning plan, however, the boards have not yet taken a vote on a 40R proposal.
The lawsuit now puts pressure on Carver to comply with the MBTA Communities Act, which voters have resisted in the past. Still, any zoning amendments related to the MBTA law must pass a majority of voters at Town Meeting. And while residents can choose whether to comply, Carver will remain out of compliance unless it adopts new zoning.
Carver’s court summons for Suffolk Superior Court and the attorney general’s initial complaint are available below.
Summons:
Complaint:
Contact Nick Mossman at nick@carverjournal.com.
