Using Mediation to Supplement Zoning Hearings

Abstract

Today the ante is up for developers and others who play at what Dick Babcock called the “Zoning Game” in his book by the same name. For developers, the community decision on their land-use proposals can mean high profits, costly delays, or worse—flat-out denial. For the neighbors, much of their home investments can be at risk if adjacent land uses are undesirable. For the community, the process may produce a variety of good and bad news including: tax income, hostile voters, alienation of the planning process, or land uses that create jobs or affordable housing. In addition, everyone is more likely to sue, and courts are more willing to assess damages in land-use cases.