Litigation Publication: Prohibiting Denial By Delay: The Supreme Judicial Court Protects Subsidized Housing From Appeals By Town Officials
10/1/2003
As any Massachusetts resident who keeps current on the local news knows, the commonwealth's Anti-Snob Zoning Act, commonly known as Chapter 40B, has become a lightning rod for controversy in many Massachusetts cities and towns. The political battle over this statute, which was crafted by the legislature 34 years ago to promote affordable housing by creating a uniform, mandatory and unconventional "comprehensive permit" process, is being waged with particular vigor in suburban communities across the eastern part of the state where the demand for affordable housing is great, developable land is scarce and the long-cherished tradition of home rule is strong. As demonstrated time and again over the past few years, this volatile, combination of demographic and political realities can make for unusually rough sledding for affordable housing developers bringing Chapter 40B applications in these suburban towns. This publication by Mintz Levin attorneys Paul Wilson and Ben Tymann discusses this hot issue.
