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Company A has been looking for an appropriate property site in a key area for a very long time. Having found a site, Company A realizes that the site is adjacent to a residential subdivision and retains the Core Team early before the project has become a lightning rod. A number of the municipality’s land use regulations are “show stoppers” for Company A. The team sequences amendments to the land use regulations with approvals for the project so that the merits of the amendments are not overshadowed by the project. After adoption of the amendments, a site plan application for the project is filed.
As foreseen by Company A, the project becomes a lightning rod. The team organizes and plans presentations by Company A and its project consultants, and the team appears and makes presentations at a number of lengthy and intense public hearings. Quickly, the opponents seize typical hot buttons-traffic, storm water, lighting, signage, scale, noise, and appearance. Because all of these matters had been identified by the team early, excellent consultants had been retained, studies had been developed, and these consultants are ready to address the hot buttons promptly and persuasively at public meetings and hearings concerning the project.
Next, with covert assistance by some members of the municipality’s planning staff, the opposition begins picking through the municipality’s land use laws to identify legal interpretations to stop the project. The Core Team has already studied the municipality’s land use laws and planning documents. The Core Team has developed multiple strong interpretations, rebuffing each legal argument put forward by the opposition on multiple grounds and the municipality accepts the Core Team’s interpretations.
The project is located near federally-owned property and the opponents turn to federal officials to recruit them to defeat the project. Company A and the Core Team meet with federal officials, answer their questions, and satisfy their concerns.
The municipality approves the project and the opponents appeal the approval to a court. The Core Team leads Company A’s and the municipality’s defense team, the appeal is dismissed, and the opposition abandons challenging the project.
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If you would like to learn more about the team:
The team authors the North Carolina Land Use Litigator, a blog that digests and analyzes land use legal issues that matter to property owners, business owners, developers and local governments in North Carolina. The team has also created a series of videocasts on such topics as land use, zoning, development agreements and more.