Court Denies Motion to Dismiss Stefanonis' Moratorium Suit

A State Superior Court judge has denied a motion to dismiss Chris and Margaret Stefanoni's lawsuit seeking to nullify the 8-30g moratorium awarded to Darien last year.

The decision, passed down Thursday in New Britain by judge Henry S. Cohn, means the court will review evidence on whether the Stefanonis have standing in the case and whether the court has jurisdiction to hear it.

, the suit asks the court to order Darien's moratorium revoked, arguing that Clock Hill Homes — one of the developments cited in the town's application — do not qualify as affordable under 8-30g.

In order to encourage affordable housing construction, Connecticut General Statute 8-30g offers developers a favorable appeals process for such projects. Many local officials by developers, who enjoy the upper hand in the application process and can pursue projects that would otherwise die before planning and zoning commissions.

A town must demonstrate that 10 percent of its housing qualifies as affordable to be exempt from the law, but those that fall short of the mark can still earn a four-year moratorium by showing a two percent increase in affordable stock. In October of 2010, the DECD ruled that Darien had done just that, partly on the basis of "points" earned from Clock Hill.

Though the Stefanonis challenged the moratorium on several occasions, the DECD upheld its original decision. In its final response, the department argued that the Stefanonis lacked legal standing to challenge the Clock Hill tabulations, as the couple's own projects were filed before the moratorium and were therefore unaffected by it.

But in an Aug. 4 amended complaint filed with the court, the couple cited as the basis for its standing.

"As the zone applies to all lots in Darien, it includes the plaintiffs' property at 149 Nearwater Lane," the couple wrote. "The current moratorium interferes with and impairs the legal rights and privileges of the plaintiffs as it prevents the plaintiffs from availing themselves of the appeals procedure afforded by C.G.S. Section 8-30g."

The State of Connecticut and Town of Darien — both defendants in the suit — argued that Judge Cohn should dismiss the case, charging that the action "is not ripe and the plaintiffs lack standing to bring it."

"The plaintiffs do not have an affordable housing application pending before the Planning and Zoning Commission, and even if they did, not until such application has been filed, reviewed, and acted upon unfavorably by the commission would the plaintiffs have an injury sufficient to confer standing under [8-30g]," the state wrote.

The court denied the motion, however — a decision that allows the Stefanonis to present evidence supporting their claim of standing at a future hearing.

Attorney John Louizos, who is representing Darien in the case, characterized the decision as relatively routine.

"On motions to dismiss, the court looks at the four corners of the document and — as is often the case — will often want evidence as to whether there is jurisdiction," Louizos said.

But Chris Stefanoni portrayed the development as significant setback for the town.

"As usual, the town will go into its typical damage control and say the loss is trivial and will continue the effort to keep the facts from being heard," Stefanoni said in a statement. "However, the reality is that the town's loss in court was monumental, and it has no more tricks up its sleeve. The moratorium will be revoked, and frankly, I find that refreshing."

In a separate email sent Tuesday to six journalists, three Department of Justice officials, and the entire Board of Selectmen, Chris Stefanoni wrote that "the local media is castrated, and the sad reality is that not much good gets done in this town unless there are lawsuits or letters that cause shame."

"I do not think people in Darien are necessarily bad, but it is just that good has to be brought out of them with some pressure. I hope that ends up being the case with the fair housing laws in town," Stefanoni wrote.

The email also contained a summary of recent legal battles between the couple and the town, which Margaret Stefanoni said had been requested of them by the DOJ. The department's investigation into possible violations by the town of the Fair Housing Act .

A next hearing date has not been set yet in the case. P&Z's public hearing on the couple's floating zone proposal opened on Oct. 25 and is set to continue Nov. 22.