Opinion
03-30-2021
Timothy S. Hollister, Hartford, in support of the petition. Ann Marie Willinger, Bridgeport, in opposition.
Timothy S. Hollister, Hartford, in support of the petition.
Ann Marie Willinger, Bridgeport, in opposition.
The petition by the defendant Fairfield Commons, LLC, for certification to appeal from the Appellate Court, 202 Conn. App. 582, 246 A.3d 493, is granted, limited to the following issues:
"1. Did the Appellate Court correctly conclude that General Statutes § 8-2 (a) permits a municipal zoning commission to condition approval of a property developer's special permit on the completion of development within a specified time period, subject to extensions?
"2. Did the Appellate Court correctly conclude that the special permit and site plan approval issued in 2006 to the defendant Fairfield Commons, LLC, to construct a 36,000 square foot retail building, which approval became effective in 2009, had expired in 2011, two years after the effective date, because, as of 2011, construction had not been started or completed, and the extension of the special permit and site plan, granted by the named defendant, the Town Plan and Zoning Commission of the Town of Fairfield, in 2018 under authority of General Statutes § 8-3 (m), was invalid?"