Attorney General v. Town of Milton & Another; Executive Office of Housing and Livable Communities, Third-Party

Summary

The court held that the MBTA Communities Act constitutionally delegates implementation authority to the Executive Office of Housing and Livable Communities and that the Attorney General may sue to enforce the Act. It further held that the agency's detailed guidelines were regulations under the Administrative Procedure Act and were legally ineffective because the agency failed to follow mandatory rulemaking procedures. The case was remanded for entry of declaratory relief, while the remaining claims were dismissed.