By Ken Cleveland
Landmark Correspondent
HOLDEN — A lawsuit filed against Holden for its unwillingness to participate in the MBTA Communities zoning program has been dismissed by the Massachusetts Superior Court.
The Central Massachusetts Housing Alliance had filed the suit in August, initially in the wrong court.
Holden filed a motion to dismiss “basically asking the judge to throw the case out of court for failure to state a case upon which relief can be granted as a matter of law,” Holden Town Manager Peter Lukes said.
The court ruling for dismissal stated those filing it — CMHA, Lydiana Morales and Jennifer Lish — lacked the necessary standing in the matter.
“This is a huge win for the town of Holden,” Lukes said, noting the CMHA had sent out releases before even filing the suit. “It appeared that the entire purpose of this frivolous lawsuit was to intimidate and embarrass Holden through CMHA’s false narrative.
“We were clearly not intimidated, and frankly the only people who who should be embarrassed are the ones who brought this inappropriate legal action and wasted everyone’s time,” Lukes said.
“I’m not sure what the state may do next. Their claim that the statute is mandatory fails in my mind due to the fact that, by definition, it requires a town meeting vote. How can something that involves a democratic process be mandatory? ‘You can vote on this, so long as you vote exactly as you’re told.’ That sounds like democracy in North Korea,” Lukes said.
He also noted that Littleton voted against joining the program at its town meeting last month.
Lukes noted that Holden remains in the process of deciding whether it will participate in the program, which requires that towns within certain distances of MBTA services alter their zoning plans to accommodate more multi-unit housing. Towns that choose not to participate risk losing eligibility for some state grants.
Other communities have raised concerns about adding housing based on MBTA access that in reality requires traveling to get to the MBTA sites in adjoining communities rather than walking distance, as in urban areas.
“We have received dozens of calls from municipal leaders and concerned residents across the state regarding participation in the MBTA Communities program,” Lukes said.
