Zoning Board of Appeals v. Housing Appeals Committee

This case, here on application for direct appellate review, raises the issue whether the housing appeals committee (committee) of the Department of Housing and Community Development may require, as a condition to the grant of a comprehensive permit for an affordable housing development project, that a municipality convey an easement on its land to the project’s developer. We conclude that the committee lacks authority to do so and order the judgment entered in the Superior Court vacated.

The background of the case is as follows. In June, 2003, Washington Green Development, LLC (developer), a…