Stone v. City Of Wilton

331 N.W.2d 398 (1983)

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Nature of the Case

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Facts

The Stones (P) bought land zoned by the City of Wilton (D) for multi-family residential use. P intended to develop low-income, federally subsidized multi-family housing on the land. After purchasing the land, P had architectural, and engineering plans prepared for the project to be submitted to D's city council and zoning commission and secured an FHA loan. After P filed a preliminary plat for the project, D's zoning commission recommended to the city council that certain land, including P's tract, be rezoned as single-family residential due to alleged inadequacies of sewer, water, and electrical services. P later applied for a building permit for their project. The permit was denied due to the pending rezoning recommendation. P filed suit, claiming that they had a vested right in developing their property as multi-family housing and that the rezoning amounted to a taking of this right. The city council later passed the rezoning ordinance.