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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
Tips For Community Land Use Objectors
Stuart Lieberman, Esq.,

It happened recently in Des Plaines, Illinois. Protesters from a mobile home park and other communities united at a municipal meeting to oppose an application to approve an asphalt processing plant. There were tears, high emotions and an arrest for disorderly conduct.

At issue: a local company's plans to build a new asphalt plant to replace an existing plant that will be demolished to allow for an expansion at O'Hare Airport. Residents primarily expressed fear that the plant will adversely affect their health, property values and quality of life. They believed that the plant will produce foul odors, loud noises and will render their homes impossible to sell.

Some call the plant a "people killer."

There was testimony during the meeting that plant traffic will run as close at 15 feet to mobile park homes. Studies were also quoted concluding that fumes generated at asphalt plants can be hazardous to people's health. The public discussion will undoubtedly go on.

This kind of public discussion is hardly unique to the Illinois community. Every day, citizens attend local planning board, zoning board and governing body meetings all over America to raise concerns and objections over similar industrial projects. People are concerned about the impact that new businesses may have on their health and quality of life. It is important that these concerns be heard and contrary to what is often heard, people can make a difference.

Are you concerned about a proposed industrial project that will be located near or within your community? If so, here are some pointers that may you in getting your point across:

  1. Become organized. One person can make a difference. But, a group of well organized people can make an ever bigger difference. Politicians and local planning agencies often pay more attention to organized groups than individuals.
  2. Get your facts straight and be correct. Your group needs credibility to be successful. Master your issues and the details. Have backup proof to support your claims. Your opponents will be waiting for your missteps. Don't give them what they want.
  3. Hire professionals. You don't always need professionals to prevail, but you usually will do much better with their assistance. The applicant company may have high priced lawyers, planners, industrial experts. You really need horsepower if you want to stand a chance of being heard. Which means fund raise and retain the best you can.
  4. Work with the press. The press often, but not always, appreciates the concerns of local residents. When local officials are doing bad or poorly conceived deeds, the last thing they want is for the deeds to be illuminated. Since the press tends to shine light, going to the press is usually helpful. Be honest with the press. Reporters want facts, not spin.
  5. Develop group goals. You need to know what your group wants before you start. Otherwise, your group will run in too many directions and get nowhere, fast.
  6. Be flexible. An all or nothing strategy is seldom successful in these cases. If that is the group's position, and if that position is justified, so be it. But the more flexible a group is, the more likely it will encounter an amicable solution.

Organized opposition is a legitimate and important part of our land use system. Industry has its legitimate goals and needs. So do community members, and it takes a group effort to make sure that interests are considered.

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The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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