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Editor: Stephen Clowney
Univ. of Kentucky College of Law

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Thursday, January 10, 2013

How NIMBYs "Greenmail" Developers

Curbed LA runs a scathing piece on "a practice sometimes called 'greenmail,' in which businesses and homeowners groups use the threat of [environmental] lawsuits to generate cash from developers for things that have nothing to do with the environment."

Curbed has a leaked settlement between the La Mirada Avenue Neighborhood Association and a local developer:

The leaked agreement states that the developer will pay to cover attorney's fees and costs: "[redacted] shall pay and deliver to La Mirada the sum of NINETY THOUSAND DOLLARS ($90,000) for La Mirada's costs, and attorney's fees and costs." The developer also agreed to pay a monitoring payment: "[redacted] shall pay to La Mirada Avenue Neighborhood Association of Hollywood the sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) to be used as La Mirada sees fit." In exchange for this payment, "La Mirada ... shall not commence, support, file, or participate in any administrative appeal of any litigation ... challenging or in any way attempting to interfere with or otherwise modify, limit or delay the Revise Project."

Steve Clowney

http://lawprofessors.typepad.com/property/2013/01/how-nimbys-greenmail-developers.html

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