DEER HILL ARMS II LTD. PARTNERSHIP v. PLANNING COMMISSION

(15448)

239 Conn. 617 (1996)

DEER HILL ARMS II LIMITED PARTNERSHIP v. PLANNING COMMISSION OF THE CITY OF DANBURY

Supreme Court of Connecticut.

Officially released December 31, 1996.


Attorney(s) appearing for the Case

James Mulvey, for the appellant (plaintiff).

Daniel E. Casagrande, for the appellee (defendant).

Borden, Berdon, Norcott, Katz and Palmer, JS.


BERDON, J.

The broad issue in this appeal is whether a condition imposed by the defendant planning commission of the city of Danbury that restricts occupancy of units in one of two condominium buildings on a single tract of land to persons fifty-five years of age or older without children violates the prohibition of discrimination based on familial status under the federal Fair Housing Act (act), 42 U.S.C. § 3601 et seq., and is therefore void. For the purposes...

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