In a high-profile land use case that drew statewide attention, Hinckley Allen secured a victory on behalf of real estate developer Arnold Karp in his effort to build a 102-unit apartment complex, 31 of which were designated as affordable housing, on Weed Street in downtown New Canaan.
In 2023, the New Canaan Planning & Zoning Commission denied the proposed apartment development, citing concerns about fire safety, stormwater management, and pedestrian accessibility. Hinckley Allen filed an appeal under General Statutes § 8-30g, a statute that shifts the burden to municipal zoning commissions to justify affordable housing application denials on public health or safety grounds.
Hinckley Allen demonstrated that the concerns raised by the Commission did not meet the legal standard necessary to override the significant need for affordable housing in the town and region.
A Superior Court Judge issued a meticulous 98-page decision in favor of the applicant, ordering the New Canaan Planning & Zoning Commission to approve the development plans with minor adjustments.
Significantly, the court dismissed the town’s argument that towns can avoid their affordable housing obligations when neighboring municipalities have ample affordable housing units, calling the claim “antithetical, even repugnant, to the policy reasons behind Connecticut’s affordable housing law.”