NAHB Helps in Legal Win on Housing Development Permitting and Zoning
NAHB recently supported a lawsuit in Connecticut that resulted in a win for NAHB members and all builders and developers in the state and a blow to NIMBYs opposing development.
In August 2021, NAHB filed an amicus brief with the Connecticut Supreme Court in the case of International Investors v. Town Plan and Zoning Commission of the Town of Fairfield. The issue in the case was whether the Town of Fairfield legally extended the time for the developer, Fairfield Commons, to complete construction of its project.
International Investors, a nearby landowner that opposed the development, claimed that Fairfield Commons’ special permit expired in 2011, and that subsequent extensions made by the Town after 2011 were invalid. Fairfield Commons argued that because special permits and site plans are closely related, the timing to complete construction must be based on the timing that state statutes allow for site plans, which is 14 years.
NAHB’s brief supported Fairfield Commons highlighting the problems that would occur if a special permit expired on one date, but the date to complete the project under the site plan statute was a different date.
A lower court ruled for International Investors. The decision sent tremors through the Connecticut real estate community because it had effectively allowed zoning commissions to impose short, ad-hoc time limits on completion of construction that could be far shorter than state law regarding site plans.
On appeal, the Connecticut Supreme Court reversed and ruled for Fairfield Commons. It found that special permits and site plans are bound together. Therefore, a town has no authority to condition a special permit with a due date before the statutory due date provided for site plans. This decision maintains predictability for development in Connecticut, which is a win for NAHB builder and developer members.
Latest from NAHBNow
Sep 10, 2025
NAHB Scores Job Corps Victories Amid House Funding CutsThe U.S. House Appropriations Committee voted yesterday to cut fiscal year 2026 funding for Job Corps to $880 million from the current $1.7 billion. Amendments offer opportunities to keep centers open and assurances for additional negotiation.
Sep 09, 2025
NAHB Calls on Congress to Protect Energy ChoiceNAHB today called on Congress to help ease the housing affordability crisis by supporting policies that preserve energy choice, ensure access to a full range of appliances and maintain flexibility in building energy codes that are critical to keep housing affordable and attainable for America’s families.
Latest Economic News
Sep 10, 2025
Year-over-Year Building Material Price Growth AdvancesPrice growth for residential building materials rose for the fourth straight month in August, reaching its highest level since January 2023. Across domestic inputs goods and services into residential construction, service prices decreased in August while goods prices slightly advanced.
Sep 09, 2025
Share of New Homes with Patios Edges Down for First Time in Fifteen YearsFor the first time in 15 years, the share of new homes with patios finally declined in 2024, according to NAHB tabulation of data from the Survey of Construction (conducted by the U.S. Census Bureau with partial funding from the Department of Housing and Urban Development).
Sep 09, 2025
Who Are NAHB Remodelers?Twenty-one percent of NAHB builder members listed residential remodeling as their primary business activity, according to the 2024 Member Census. These remodelers tend to be relatively small companies, with a median of five employees, $1.7 million in median revenue, and 15 remodeling jobs completed over $10,000.