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
Jun 25, 2026
NAHB Legal Action Fund Awards $175,000 in Legal Support at Spring MeetingAt its recent meeting at the 2026 Spring Leadership Meeting in D.C., the NAHB Legal Action Committee reviewed requests for Legal Action Fund assistance and recommended a total of $175,000 in legal grants, which was approved by the NAHB Board of Directors.
Jun 24, 2026
HUD Announces 14 Regulatory Changes to Help Lower Housing CostsThe U.S. Department of Housing and Urban Development announced 14 policy changes to its Federal Housing Administration (FHA) Single Family mortgage insurance program aimed at lowering costs, easing regulatory burdens, and improving affordability for Americans using FHA-insured mortgages.
Latest Economic News
Jun 25, 2026
PCE Inflation Hits 3-Years High in MayAs the Iran conflict pushed up energy prices, the Personal Consumption Expenditures (PCE) Price Index—the Federal Reserve’s preferred inflation gauge—accelerated to a three-year high in May.
Jun 24, 2026
Affordability Concerns Push New Home Sales Lower in MayElevated mortgage rates, rising inflation and economic uncertainty kept many buyers out of the market in May as consumers and builders continue to deal with challenging affordability conditions. While monthly sales activity softened, builders continue to operate in a market characterized by cautious buyers and persistent financing constraints.
Jun 24, 2026
Sawmill Output Slips as Capacity Continues to DeclineU.S. sawmill production fell in the first quarter, the second consecutive quarter of lower output according to the Federal Reserve G.17 Industrial Production report. Sawmill output has remained largely flat since 2023, after increasing in the post-pandemic period.