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
Jan 16, 2026
Builder Sentiment Loses Ground at Start of 2026Builder confidence in the market for newly built single-family homes fell two points to 37 in January, according to the NAHB/Wells Fargo Housing Market Index (HMI) released today.
Jan 15, 2026
NAHB Participates in Capitol Hill Housing ForumNAHB Chief Lobbyist Lake Coulson participated in a Housing Affordability Roundtable hosted by the New Democrat Coalition. Lawmakers and housing stakeholders discussed ways to address affordability challenges and enact federal housing finance reforms.
Latest Economic News
Jan 16, 2026
December Mortgage Activity Softens Even as Rates EaseMortgage application activity declined in December despite a modest easing in mortgage rates. The Mortgage Bankers Association’s (MBA) Market Composite Index, a measure of total mortgage application volume, fell 5.3% from November on a seasonally adjusted basis, though it remained 47.1% higher than a year ago.
Jan 16, 2026
Builder Sentiment Loses Ground at Start of 2026Builder confidence moved lower to start the year as affordability concerns continue to weigh heavily with buyers, and builders continue to contend with rising construction costs.
Jan 15, 2026
Remodeling Market Sentiment Strengthens in Fourth Quarter of 2025In the third quarter of 2025, the NAHB/Westlake Royal Remodeling Market Index (RMI) posted a reading of 64, increasing four points compared to the previous quarter.