International Investors v. Town Plan & Zoning CommissionAnnotate this Case
The Supreme Court reversed the appellate court's judgment reversing in part the decision of the Town Plan and Zoning Commission of the Town of Fairfield extending its approvals of a special permit and a coastal site plan review granted to Fairfield Commons, LLC, holding that a local zoning authority may not, by regulation, condition the continuing validity of a special permit on completing development in connection with the permitted use within a period of time that is shorter than the statutory period.
The appellate court in this case affirmed the trial court's judgment concluding that the Commission improperly granted Fairfield Commons' request for an extension of its special permit deadline to complete development but reversed the court's conclusion that the special permit could not be subject to a temporal limitation as a matter of law. The Supreme Court reversed, holding (1) a special permit regulation may not prescribe a shorter time limitation for completing development than the statutory period set forth for completion of development in connection with an accompanying site plan under Conn. Gen. Stat. 8-3(i) and (m); and (2) the appellate court incorrectly concluded that the special permit at issue expired in April 2011.