Cohen and Wolf Attorneys Win Landmark Decision

Allowing Local Zoning Flexibility for New Haven Property Owners

June 7, 2006--Attorneys from Cohen and Wolf, P.C. procured a significant judgment on behalf of New Haven property owners that recognizes the need for flexibility in local zoning to deal with modern conditions. The ruling in Campion v. Board of Aldermen of the City of New Haven is the first Supreme Court decision in Connecticut to uphold the establishment of a planned development zone in response to specific local needs, but not previously mapped.

"This is a landmark decision that recognizes the need for flexibility in local zoning to deal with modern conditions," said Austin K. Wolf, principal at Cohen and Wolf who represented the plaintiffs. "The Campion case is significant because it strengthens the positions of local boards to make long range planning decisions in the land use context, thereby giving them enhanced discretion."

The Connecticut Supreme Court rejected the notion that zoning ordinances should be judged by the standards of traditional Euclidean zoning. The Court noted that flexible regulations such as Section 65, which provides for the creation of a planned development district upon the approval of the board of aldermen, are "necessary in order for a municipality to meet the challenges of modern zoning and land use."

The case involved New Haven property owners who applied for approval to create a planned development district that would consolidate six parcels of land for the purpose of expanding a catering facility and building a personal residence. The City of New Haven's Board of Aldermen approved the application, but the decision was challenged by several neighbors.

The legal team of Cohen and Wolf attorneys Austin K. Wolf, Barbara M. Schellenberg, and Patricia C. Sullivan argued and briefed the case through three levels of the Connecticut court system, culminating in the Supreme Court ruling that enabled the client's project to move forward without delay.

As an urban environment, the Court noted, the city of New Haven has a relatively small amount of land that has not already been developed in one capacity or another. "In the absence of a flexible ordinance," the Court declared, "the city would be handicapped in its ability to deal with issues of adaptive reuse of land and to reconcile or blend different uses together into harmonious neighborhoods."

The Trial Court upheld the Board's approval. The Appellate Court later reversed the Trial Court's decision, holding that the City's enabling legislation, a 1925 Special Act, did not authorize such an ordinance.

The Supreme Court rejected the Appellate Court's analysis, finding that the 1925 Special Act authorized the ordinance because the Act allowed the Board to create a new zone out of an existing zone.

Comparing planned development districts to floating zones, the Supreme Court determined that this is precisely what occurs when a planned development district is created. The Court further concluded that the ordinance contains adequate standards, and reflects the need for flexibility in order to meet modern zoning challenges. The Court released the Campion opinion on June 6, 2006.

Cohen and Wolf, P.C. provides a wide range of sophisticated legal services to leading businesses, organizations and individuals, both regionally and nationally. For more than half a century, Cohen and Wolf has successfully represented business and individual clients in matters involving litigation, corporate and securities law, real estate, land use, tax, employment and labor, municipal law, personal injury, family law, estate planning, elder law and asset protection planning. The firm's team of 50 experienced lawyers is based in its three Connecticut offices in Bridgeport, Danbury and Westport. For more information please visit http://www.cohenandwolf.com/.

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