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

Economics
Oct 08, 2026
Remodeling Market Sentiment Remains Stable in Third Quarter Despite Headwinds

The National Association of Home Builders (NAHB) released the NAHB Remodeling Market Index (RMI) for the third quarter, posting a reading of 62—up one point compared to the previous quarter.

Trends
Oct 07, 2026
Share of Homes With Two-Story Foyers Increases For First Time Since 2022

For the first time since 2022, the share of new homes with two-story foyers increased, according to the Census Bureau's Survey of Construction (SOC). Despite the increase, the market share of two-story foyers has generally trended downward since 2017, with most new single-family homes being built without a two-story foyer both nationally and regionally.

View all

Latest Economic News

Economics
Oct 08, 2026
Remodeling Market Sentiment Remains Stable in Third Quarter Despite Headwinds

In the third quarter of 2026, the NAHB Remodeling Market Index (RMI) posted a reading of 62, up one point compared to the previous quarter. The RMI has remained within a narrow band between 59 and 70 for the past four years.

Economics
Oct 07, 2026
ARM Share Increased as Mortgage Rates Spiked

Mortgage application activity declined as the 30-year fixed mortgage rate rose sharply. The Mortgage Bankers Association’s (MBA) Market Composite Index, a measure of total mortgage application volume, decreased 7.7% month-over-month in September on a seasonally adjusted basis. Compared to a year ago, total mortgage applications were lower by 35.4%.

Economics
Oct 06, 2026
Mortgage Rates Rise as Treasury Yields Top 5%

Mortgage rates rose sharply in September as multiple factors applied significant upward pressure on the U.S. treasury yields. According to Freddie Mac, the 30-year fixed-rate mortgage averaged 6.86% in September, up nearly 20 basis points (bps) from August.