THE ENVIRONMENT
You Can Beat City Hall
Stuart Lieberman, Esq.
In many parts of this country, quality develop-able property has
already been developed.
Still, builders need to make a living and people need to live
somewhere.
As a result, property that perhaps should not be developed, because,
for example it is environmentally sensitive or impaired, is with
increasing frequency being targeted for development.
If you reside in a community where an absurd project that should be not
be approved has been approved, you can accept that as your fate, or
organize your neighbors and fight. I represent many citizen groups (as
well as
developers!)
and I can tell you that very often, you can win.
You will need some funding, and more importantly, steadfast, unyielding
determination. It seems that with increasing frequency, "regular"
people (we are all regular) are learning that they can really make a
difference.
Whether it is working to uncover corruption that resulted in
illegitimate permit approvals, or revealing wrongful assumptions that
allowed local regulators to authorize wetlands destruction or other
environmental harm, informed local
groups can and do make a difference.
Remember, if the project is going to be profitable, the developer may
put up quite a fight because it may be worth it to him or her to fight.
This means that a citizens group must have even greater resolve.
And also remember: time is a developers enemy and a citizen group's
friend.
Here are the key points to keep in mind:
Point 1. Concrete Objectives
Before you fight the fight, make sure that the group agrees on a few
common,
ultimate goals.
Do you want to kill the project, or just trim it? Or, perhaps will a
different use, or mixed use do?
Or, in extreme cases, do you want the local prosecutor to investigate
an
act
of alleged corruption?
I believe that this point is the most important one. You simply will
never win if you did not agree, in advance, on exactly what will
constitute a win.
I think that most citizen groups that fail do so because they have
failed
to
concretely define their objectives.
Point 2. Get The Word Out
To be effective, you need to get your story out, over and over again.
You need to do this to attract group members and to gather public
support and political interest. If no one knows about your group, your
group will go no where.
Point 3. Raise Cash
Many citizen group fights require experts and lawyers. Let's face it,
the other side will always have experts and lawyers, and therefore you
need to have them as well. While some of these services are often
donated, you will usually
need to hire a lawyer and some experts.
Fund raising is a must.
I have seen garage sales, coin tosses and talent shows. Some groups
charge their members small membership fees. Of course, not everyone who
supports your group will do so for exactly the same reason. For
example, local merchants may
help your group oppose a strip mall because doing so is good for their
business. You need to decide where you draw the line.
Point 4. Have One Spokesperson
The press will usually be attracted to groups opposing high profile
projects.
You need to speak with a common voice. Therefore, have one spokesperson.
Point 5. Delegate Responsibilities
Everyone is good at something, no one is good at everything. The group
must split up tasks. One member may do press releases. One may lead
fund raising. One may find experts and legal counsel. Perhaps issues
can be divided so that
one member handles environmental challenges, another handles political
issues,
etc.
Point 6. Keep Disagreements Within The Family
Your group needs to be well organized and needs to develop a mechanism
for resolving disputes. While you should have vibrant internal
discussions, you should appear to together to the public, including the
press. You can fight Town Hall. And if you are fighting a just fight,
nothing beats winning.
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