Fromer v. Two Hundred Post Associates
In Fromer v. Two Hundred Post Associates, 32 Conn. App. 799, 631 A.2d 347 (1993), a challenge was lodged to the extension of a wetlands permit issued to a developer.
The permit was conditioned upon the developer obtaining a zoning permit and commencing significant activity within one year of issuance of the permit. Subsequently, the plaintiff claimed that the permit expired "by the passage of time." 631 A.2d at 350.
The court noted, however, that the "defendants have been involved with the present application for an inland wetlands permit since 1987 (i.e., 6 years) because of the appeals brought by a single plaintiff," id., who challenged every phase of the process, such as zoning site plan approval and coastal area management site plan approval.
Accordingly, the court held "that, on the facts of this case, in which a valid permit was issued to conduct a regulated activity within a specified time period and appeals from the granting of the necessary permits to conduct that activity were not resolved within the time period during which the activity was required to begin, that time period is tolled until all litigation is completed." Id. at 349.