NAHB Helps in Legal Win on Housing Development Permitting and Zoning

Membership
Published
Contact: Thomas Ward
[email protected]
VP, Legal Advocacy
(202) 266-8230

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.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Membership | Economics
Sep 11, 2026
Median Revenue Flat for NAHB Builder Members in 2025

According to the most recent NAHB member census, nearly two-fifths (38%) of NAHB Builder members earned between $1 million and $5 million in total revenue in 2025.

Education | Education at IBS
Sep 10, 2026
13 IBS Education Presentation Replays Now Available

To help industry professionals stay ahead of residential construction trends and bring actionable ideas to their businesses, NAHB is offering members exclusive access to the most valuable IBS Education sessions from the 2026 show.

View all

Latest Economic News

Economics
Sep 10, 2026
Energy Prices Rise Again in August

Residential building material prices, excluding energy, rose 0.2% in August and were up 5.1% from a year ago. Energy prices rose sharply in August, as prices for energy inputs to residential construction rose 6.6% over the month.

Economics
Sep 09, 2026
Mortgage Applications Decline for Sixth Straight Month in August

Mortgage application activity continued to decline in August as elevated US treasury yields pushed mortgage rates higher. The Mortgage Bankers Association’s (MBA) Market Composite Index, a measure of total mortgage application volume, declined 3.2% month-over-month in August on a seasonally adjusted basis, marking the sixth consecutive monthly decline.

Economics
Sep 09, 2026
Who Are NAHB’s Builder Members?

The National Association of Home Builders (NAHB) conducts an annual census to better understand the composition and characteristics of its members. In 2025, 35% of NAHB’s membership was comprised of builder members—single-family and multifamily builders, residential and commercial remodelers, commercial builders, land developers, and manufacturers of modular/panelized/log homes.