Community Participation -Reply

[CHARLES PATRIZIA <CAPATRIZIA@phjw.com>]

Peter Straus's point is right on target from my experience.  Good
developers not only don't go in blind, they have alternatives that are
being weighed.  Whether they do a formal "fatal flaw" analysis, or simply
a comparative of time, certainty and other values, the effect is the same
-- they will consider the effect of community support or community
opposition on the cost of development and the time it will take to complete
the process. 

I also agree with the point that defining  "community" is essential, and one
that is becoming more complicated.  For example, while at one time
developers could simply turn to "redevelopment authorities" to handle the
issues of acquisition, that is not realistic now.  Moreover, the
environmental justice issues (including the recent ruling in the Third
Circuit the existence of a cause of action), have given local
non-governmental groups an additional lever.  On the other hand, the
Supreme Court's standing analysis seems more focused on assuring that
it is in fact local groups, with an actual injury, and not groups or interests
from longer distances, that will be able to use the levers.