Brian R. Smith

(he/him/his)

Partner

  • Overview

    Biography

    Brian Smith concentrates his practice in land use and real estate matters, and he handles litigation related to these topics. He is the chair of the firm's LandLaw Section.

    Land Use - Zoning

    Brian represents municipalities, developers, and neighbors in land use, planning, wetland, and coastal resources issues. He regularly appears before local land use and wetland boards and commissions in Connecticut, and before state and federal permitting agencies, in order to help his clients gain the necessary approvals for their projects. He is a co-author of Public Access to the New York Shoreline and has appeared in a number of matters on behalf of clients concerning coastal areas and shoreline protection.  

    Brian has worked as lead counsel in obtaining land use approvals for hospitals, higher educational facilities, retail centers, factories, and performing arts venues. As lead counsel, he helped a Connecticut hospital obtain all permits and approvals it needed to build a 310,000-square-foot addition, including a new helicopter landing pad and expanded parking garage.Brian also handles land use matters related to environmental conservation. For example, he represents a land trust, which he has helped to preserve open space and protect Bald Eagle nesting sites near the Connecticut River.

    Litigation

    Brian handles land use matters that result in litigation, such as appeals of land use boards’ decisions. He has served as lead counsel in numerous trials and appeals, involving permits, approvals and denials. He also handles litigation involving eminent domain, title disputes and disputes between landlords and tenants.

    He successfully defended a Connecticut town after a developer sued it over the denial of its application for a large-scale affordable housing project. Four related cases went all the way to the Connecticut Supreme Court, and ultimately the litigation was resolved when the developer pursued a more modest development instead. He also has over two decades of experience representing public health agencies on various issues, including enforcing lead abatement issues in court.

    Pro Bono

    For more than three years, Brian worked on a pro bono basis to help St. Vincent de Paul Place, Norwich, Inc., a ministry of Norwich, Connecticut's Roman Catholic Diocese, in its efforts to provide free food through its soup kitchen and food pantry. He negotiated a settlement that allowed the organization to remain open and continue helping the needy in the Norwich area.

    Brian has lectured regularly on the topic of affordable housing, land use, coastal protection and roads and highways. He is an adjunct professor at the University of Hartford, where he teaches entertainment law. Brian has an extensive background in land use, having worked in planning for Saratoga County, New York, and the City of Eugene, Oregon, prior to becoming an attorney.

  • Experience
    • Experience

      Experience

      • Representation of land trust that owns or holds interests in almost 200 acres of open space lands along the Connecticut River. Representation includes legal issues of lands that protect Bald Eagle nesting sites in Rocky Hill, Connecticut.

      • Representation for more than 20 years of a Connecticut governmental public health entity, covering eight municipalities, in all manner of legal services. Represented entity against “hoarders,” whose houses threatened public health. Also represented entity in numerous appeals to the Connecticut Department of Public Health, in Superior Court to enforce lead abatement issues, and in hotel and restaurant licensing. Representation also included issues ranging from freedom of information and bankruptcy to septic systems, employment, and state regulation.
      • Representation of the Hartford Housing Authority for all real estate and financing legal work necessary for the authority to purchase the Dutch Point housing project, tear it down, and convert it to a new and improved residential area of the City of Hartford. The $2.5 million project was financed through a HUD grant.
      • Representation of a Connecticut hospital as lead counsel in obtaining permits and approvals for 310,000-square-foot expansion of hospital, including a new life star heliport and expanded parking garage.
      • Representation as special counsel in successfully defending through to the Connecticut Supreme Court a Connecticut town from an overambitious affordable housing application and achieving by settlement a more modest development.
      • Representation of property owners around Westchester County Airport. Issues involved FAA clearance requirements for removing vegetation near the airport and how low planes could fly.
      • Representation of a manufacturer to obtain permits for an expansion of a factory in Farmington, Connecticut.
      • back to top
    • Professional Associations

      Professional Associations

      American Bar Association (1986 - Current)

      Connecticut Bar Association (1986 - Current)

      American Planning Association (1985 - Current)

      Cornell Real Estate Council (1990 - Current)
    • Honors + Awards

      Honors + Awards

      Recipient of the Bridge Family Center’s inaugural George C. Hastings Award.

      Selected to the Connecticut Super Lawyers list from 2006 to 2019.

      Selected by his peers for inclusion in The Best Lawyers in America© in the area of Land Use and Zoning Law since 2013.

      Connecticut Bar Foundation, James W. Cooper Fellow, 2013

      Listed in The Best Lawyers in America© as Hartford Lawyer of the Year in the area of Land Use and Zoning Law for 2023

    • Community Involvement

      Community Involvement

      University of Hartford
      Board of Regents
      Board of Regents, Finance Committee Chair (2007 - 2015)

      Glastonbury Zoning Board of Appeals
      Chairman

      Sister Cities International
      Honorary Board Member

      The Bridge Family Center
      Past Member of the Board of Directors
  • NEWS + PRESS
    • Publications

      Publications

      "Inverse Condemnation: Subsumption and Ripeness of Related Constitutional Claims," published in Practical Law, co-authored with Kevin P. Daly and Evan J. Seeman (6/7/2018)
      • » more info
      • View article

      "Inverse Condemnation: Asserting the Ripeness in Federal Courts," published in Practical Law, co-authored with Kevin P. Daly and Evan J. Seeman (6/7/2018)
      • » more info
      • View article

      "Five Tips for Planners and Planning Commissioners Reviewing Religious Land Use Applications," published in Connecticut Planning, co-authored with Evan J. Seeman, a publication of the Connecticut Chapter of the American Planning Association (Spring 2016)
      • » more info
      • View article

      "Court Reverses Rocky Hill Zoning Commission's Approval of Road Leading to Landfill in the Flood Zone," co-authored with Evan J. Seeman, published in The Meadow View, a publication of the Great Meadows Conservation Trust, Inc. (December 2015)

      "Navigating History: Montana and State Riverbed Ownership," published in Law360, co-authored with Evan J. Seeman and Sorell E. Negro (4/2/2012)

      Library of Connecticut Civil Complaints for Business Litigation, Volume I, co-authored with Michele L. Maresca and Timothy D. Bates and Joel Norwood, a Connecticut Law Tribune publication (2010)
      • » more info

      "Signs of Prior Restraint - Emerging Trends in First Amendment Litigation," published in Municipal Lawyer (September/October 2005)

      "The First Amendment in Land Use Law," published in ALI-ABA Course Materials Journal (2/1990)

      Public Access to the New York Shoreline (1988)

      Various chapters from Road and Access Law in Connecticut

      Various chapters from Land Use Law Update in Connecticut

    • Presentations

      Presentations

      "Ethics - Right, Wrong, and Everything in Between," as part of the Connecticut Chapter of the American Planning Association (CCAPA)'s 2023 Hot Topics in Land Use Law and Practice Conference (6/9/2023)
      • » more info

      "Lunch with an Expert," presented during the Community Associations Institute (CAI) Connecticut Chapter’s Annual Conference and Expo (3/18/2023)

      "Special Permit and Site Plan Review," presented as part of the 2023 CT Land Use Law for Municipal Land Use Agencies, Boards, Commissions training hosted by the Connecticut Bar Association Planning and Zoning Section (3/11/2023)
      • » more info

      "Real Estate Law for Planners," co-presented with Michele L. Maresca and Evan J. Seeman, during the Southern New England American Planning Association (SNEAPA) 2018 Conference at the Connecticut Convention Center in Hartford, Connecticut (10/19/2018)
      • » more info

      "Fundamentals of Real Estate Law," at the 2018 Western Places/Western Spaces Conference hosted at the University of Denver Sturm College of Law in Denver, Colorado (3/7/2018)
      • » more info

      "Recent Caselaw Development in Wetlands Preservation and Mitigation: Lessons for Engineers," at the International Conference on Sustainable Infrastructure, hosted by the American Society of Civil Engineers (ASCE), in New York City (10/27/2017)
      • » more info

      "Real Estate Law for Planners," co-presented with Evan J. Seeman, at the American Planning Association National Planning Conference, Planning in Motion, held at the Jacob Javits Convention Center in New York City (5/9/2017)
      • » more info

      "Special Permit and Site Plan Review," at the Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions program, sponsored by the Connecticut Bar Association’s Planning and Zoning Section (3/25/2017)
      • » more info

      "Food and the First Amendment," co-presented with Karla L. Chaffee, at the SNEAPA 2016 Conference in Worcester, Massachusetts (10/21/2016)

      "Ethics for Planners in the Digital Age," at the SNEAPA 2016 Conference in Worcester, Massachusetts (10/21/2016)

      "The Status of the Law of Eminent Domain in Connecticut and Nationwide," co-presented with Dwight H. Merriam, to the Planning and Zoning Section of the Connecticut Bar Association (10/5/2016)
      • » more info
      • View article

      "Planning As If 'Black Lives Matter'," at the American Planning Association's (APA) National Planning Conference in Phoenix, Arizona (4/4/2016)
      • » more info

      "Real Estate and Land Use Issues in the Representation of Medical Marijuana Facilities," co-presented with Michele L. Maresca, American Bar Association's Annual Meeting (2015)

      "Ethical Rules and Considerations for Planners, Plan Commissioners, and Lawyers," co-presented with Evan J. Seeman and Hiram Peck, AICP, director of community planning & development in Simsbury, Connecticut, and David S. Silverman, AICP, of Ancel Glink in Chicago, Illinois, at webinar sponsored by the American Planning Association's Planning and Law Division (4/8/2015)
      • » more info

      "Special Permit and Site Plan Review," at the all-day seminar Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions; sponsored by the Connecticut Bar Association's Planning and Zoning Section, at Wesleyan University in Middletown, Connecticut (3/21/2015)
      • » more info

      "Tips and Traps in the Land Use Approval Process and Litigation," at Connecticut Bar Association (CBA) Law Center in New Britain, Connecticut, co-presented with Evan J. Seeman and the Honorable Marshall K. Berger Jr., presiding judge of the Land Use Litigation Docket; and Hiram Peck, director of Community Planning & Development for the Town of Simsbury, Connecticut (3/31/2014)
      • » more info

      "Land Use Law: What You Don’t Know WILL Hurt You – The Most Important Land Use Law Developments of the Last Year," at Southern New England American Planning Association Conference: Planning at the Crossroads, Panelist (9/2012)

      "Navigating Summary Judgment: Takings Lessons – PPL Montana LLC v. State of Montana, U.S. Supreme Court, Docket No. 10-218," at Yale Law School (1/25/2012)

      "Special Permit and Site Plan Review," at Connecticut Land Use Law for Municipal Land Use Agencies, Boards, and Commissions at Wesleyan University in Middletown, Connecticut, sponsored by the Planning & Zoning Section of the Connecticut Bar Association (3/12/2011)

      "Branford Eminent Domain Cases," at Connecticut Bar Association's Fifth Annual Property Rights Seminar (12/2010)

      "Basic Land Use Law," at Connecticut Bar Association event (10/2009)

      "Boundary Law in Connecticut," at the National Business Institute (2/7/2002)

    • News

      R+C in the News

      • March 7, 2023

        Linda Morkan and Brian Smith Featured in Connecticut Law Tribune for Successful View Easement Appeal

        • » more info
        • View article
      • October 31, 2018

        Michele Maresca, Evan Seeman, and Brian Smith Present During SNEAPA 2018 Conference

        • » more info
      • October 18, 2018

        51 Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • August 20, 2018

        52 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2019

        • » more info
        • View article
      • June 18, 2018

        Kevin Daly, Evan Seeman, and Brian Smith Publish Practice Notes on Inverse Condemnation for Thomson Reuters Practical Law™

        • » more info
        • View article
      • March 20, 2018

        Evan Seeman and Brian Smith Present at Western Places/Western Spaces Conference

        • » more info
      • November 29, 2017

        Brian Smith Presents at ASCE Conference

        • » more info
      • April 11, 2017

        Brian Smith and Dwight Merriam Present on Future of Connecticut Communities for Local Officials at Wesleyan

        • » more info
      • October 27, 2016

        Robinson+Cole Lawyers Present at SNEAPA 2016 Conference

        • » more info
      • October 13, 2016

        Brian Smith and Dwight Merriam Speak on Eminent Domain at CBA Planning and Zoning Section Meeting

        • » more info
      • May 19, 2016

        Hartford Land Use Lawyers Publish Article on Religious Land Use Applications in Connecticut Planning

        • » more info
      • May 4, 2016

        Land Use Lawyers Participate in APA National Planning Conference

        • » more info
      • May 15, 2015

        Robinson+Cole Is a Sponsor of APA National Planning Conference

        • » more info
      • April 23, 2015

        Land Use Lawyers Speak at APA Ethics Webinar

        • » more info
      • March 25, 2015

        Brian R. Smith and Dwight Merriam Present at CBA Seminar on Connecticut Land Use Law

        • » more info
      • April 14, 2014

        Hartford Lawyers Participate in CBA Land Use Seminar

        • » more info
      • December 13, 2013

        Hartford Lawyers Participate in APA Webinar on Ethical Rules

        • » more info
      • January 17, 2013

        Land Law Lawyers Speak at CBA Property Rights Seminar

      • September 18, 2012

        Land Use Lawyers Speaking at 2012 Southern New England American Planning Association Conference

        • » more info
      • May 15, 2012

        Land Use Partner Tells Law360 New York City Rent Stabilization Laws Need to Change

        • » more info
      • February 27, 2012

        Land Use Partner Offers Correct Prediction of Supreme Court Case at Yale Panel Discussion

        • » more info
      • August 18, 2011

        Brian Smith Joins Bridge Board of Directors

        • » more info
      • April 5, 2011

        Land Law Lawyers Deliver Presentations for Connecticut Planning and Zoning Officials

      • December 17, 2010

        LandLaw Partners Speak at Property Rights Seminar

        • » more info
      • September 14, 2010

        Attorney Meets President of Ireland

        • » more info
      • November 30, 2009

        Robinson & Cole Attorneys Receive Spotlight Award for Community Work

        • » more info

      R+C News Releases

      • August 17, 2023

        78 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2024

        • » more info
        • View article
      • August 18, 2022

        74 Robinson+Cole Lawyers Listed in The Best Lawyers in America 2023

        • » more info
        • View article
      • August 19, 2021

        65 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2022

        • » more info
        • View article
      • August 20, 2020

        61 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2021

        • » more info
        • View article
      • October 19, 2019

        52 Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • August 15, 2019

        57 Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2020

        • » more info
        • View article
      • June 14, 2019

        Robinson+Cole Lawyer Receives the Bridge Family Center’s First George C. Hastings Award

        • » more info
        • View article
      • October 17, 2017

        Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

        • » more info
        • View article
      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

        • » more info
        • View article
      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

        • » more info
        • View article
      • August 18, 2015

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2016

        • » more info
        • View article
      • October 17, 2014

        Robinson+Cole Lawyers Recognized by Super Lawyers

        • » more info
        • View article
      • August 19, 2014

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in Best Lawyers National Peer Review Survey

        • » more info
        • View article
      • August 16, 2013

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

        • » more info
        • View article
      • May 22, 2013

        Robinson & Cole Lawyers Provide Pro Bono Support to Norwich Soup Kitchen

        • » more info
        • View article
      • March 1, 2013

        Robinson & Cole Lawyers Selected as James W. Cooper Fellows of the Connecticut Bar Foundation

      • January 24, 2013

        Connecticut Superior Court Awards Tenant $109,000 for Discrimination Based on Lawful Source of Income

        • » more info
        • View article
      • October 22, 2012

        Super Lawyers® Names 49 Robinson & Cole Attorneys to 2012 List and Recognizes 26 as Rising Stars

        • » more info
        • View article
      • August 28, 2012

        Robinson & Cole Receives Top Listing in Connecticut Attorney Count in Best Lawyers National Peer Review Survey

        • » more info
        • View article
      • December 16, 2010

        Robinson & Cole Elevates Six New Counsel

        • » more info
        • View article