Before your organization decides on a location for its new or re-located program, make sure, at a minimum, that the items on the following checklist have been assessed. The checklist can aid preliminary decision-making as well as long-range planning if your program meets opposition.^{1 2}

[  ] Has a comprehensive legal analysis been completed?

[  ] Zoning analysis

[  ] Other local regulations

[  ] All permits that must be obtained prior to: (a) start of construction; (b) opening the program and serving clients

[  ] Applicable state laws and regulations

[  ] Federal laws and regulations – especially, in the case of programs for people with disabilities, the Fair Housing and Americans with Disabilities Acts

[  ] Assuming good faith and non-discriminatory conduct by municipal officials, how long will it take to obtain decisions, whether positive or negative, on local permit applications?

[  ] If public hearings must be held before local boards or commissions, what is the longest that the process can reasonably take, for each board or commission, and collectively?

[  ] Zoning Board of Appeals

[  ] Planning Board

[  ] Conservation Commission

[  ] Any other boards that have or claim jurisdiction, such as boards relating to traffic, fire regulations, or public health

[  ] Does the municipality have a history in dealing with projects similar or analogous to yours, and if so, has that history been researched?

[  ] Have potential, influential supporters of your planned program been identified?

[  ] Local elected and other officials

[  ] Media

[  ] Clergy

[  ] Business leaders

[  ] Civic leaders

[  ] Others

[  ] Has the source of likely opposition been identified?

[  ] If legal action in court becomes necessary, how long would a lawsuit in your jurisdiction take, from inception to judgment?

[  ] State trial court

[  ] Federal district court

[  ] State appellate courts and/or federal Circuit Court of Appeals

[  ] Has the approximate cost of delay beyond the scheduled opening been calculated?

[  ] Can the organization withstand the cost of delay if a protracted fight develops?

[  ] Will funding sources stand by the project if opposition results in delay?

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¹ Depending on the circumstances of each project, other items might be usefully added to this checklist.
² It will not always be possible to complete every item in the checklist before deciding on a program’s location. Even with the best of analysis and preparation, unanticipated opposition may arise.