Volume 12.1 Development Dispute Resolution (1986)

It is well known by now in the profession that planners are very much involved in what has been coined “development disputes.” Although nothing new, the planner’s involvement in these common differences of opinion that arise between the parties involved in land development has become a major focus of concern. Despite the efforts so far, however, no one is quite sure what the planner’s role is, let alone what it should be.

Sorting out the planner’s role in development disputes is like trying to solve puzzles. You usually have some frame of reference, like the top of the box that the puzzle comes in. You try to identify the colors and patterns in the disjointed mass of pieces. And then you try fitting them together to form coherent linkages. With much patience and perseverance, a complete picture takes shape.

The only “catch” in solving these particular puzzles is that, like all human interactions, disputes are dynamic They are three-dimensional puzzles with constantly changing contexts, roles, and linkages.

In this special issue of Carolina Planning, we present articles that attempt to solve the question of the planner’s role in development disputes.

Editors: Lauren D. Bachle, Stacey A. Ponticello, John D. DiTullio, and Russell Berusch

A digital version of this issue is available here.

THE EVOLUTION OF PUBLIC-PRIVATE BARGAINING IN URBAN DEVELOPMENT

Fulton, William

The author chronicles the rise of the major actors involved in the urban development scene: developers, municipalities, and citizens. The actor’s power bases and modes of interaction are sketched to illutstrate their effect on urban development.

PAINFUL LESSONS FROM PINEY MOUNTAIN: A FRAMEWORK FOR DEVELOPMENT DISPUTE RESOLUTION

Holway, Jim

The author presents the Piney Mountain, North Carolina case study that suggests approaches that municipalities may utilize to avoid no-win situations.

PROFILE OF A SUCCESSFUL NEGOTIATION: THE CREST STREET EXPERIENCE

Bachle, Laura; Hill, Laura; Nifong, Tim

This case study profiles a successful negotiation process involving the City of Durham and the Crest St. neighborhood – a low income community moved by a highway project.

WHEN AND HOW TO NEGOTIATE

Madigan, Denise; McMahon, Gerard; Rolley, Stephanie; Susskind, Lawrence

The article summarizes a new manual on dispute resolution.