Alternatives to Litigation

What do most citizens do when their neighborhood or environment is threatened by a development project?

Many react by hiring a lawyer.

Yet studies just completed by Community & Environmental Defense Services (CEDS) show that this is seldom the best first step. The reason is that most citizens resolve their concerns through a negotiated agreement with the developer or regulatory officials; not by stopping a project. The key to a successful negotiation lies in identifying reliable ways of resolving citizen concerns that allow the applicant to get most of what they want. Few attorneys have the technical expertise to identify these equitable solutions.

A new CEDS factsheet, "Strategies for Winning Land Development Battles", describes how citizens can dramatically increase their rate of success while greatly reducing lawyer and expert witness fees. The factsheet is posted at the top of the left-hand column of the CEDS website at: www.ceds.org.

CEDS research shows that only 1% of all contested development projects are stopped. In those cases where excessive impacts cannot be designed away, a lawyer is frequently critical. Yet not all attorneys are equally equipped to represent citizens in these disputes. However, CEDS can help here too through our nationwide network of 135 attorneys who specialize in representing citizens in land use, zoning, and environmental cases.

I would deeply appreciate it if you would consider mentioning the factsheet to citizens who contact your group about a development issue.

To see an example of one of the CEDS studies referenced above visit: www.ceds.org/BaltimoreCounty/ A Citizens Perspective on the Baltimore County Development Review Process.pdf

Richard D. Klein
Community & Environmental Defense Services
811 Crystal Palace Court
Owings Mills, Maryland 21117
410-654-3021
410-654-3028 Fax
443-421-5964 Mobile
Web Page: www.ceds.org/