It’s Business, And It’s Personal

To litigate or not: In business, it may be a matter of timing

On Behalf of | Feb 17, 2015 | Business Litigation |

It is a hallmark of the legal system in North Carolina and the rest of the U.S. that litigating a matter before the courts is an option that is available. Indeed, there are cases in which litigation is the right choice, but very often that route is best held in reserve.

There are many different methods for reaching a resolution in a dispute, especially in matters related to real estate. All the options deserve to be fully explored as part of an overall strategy. Litigation is there, but by understanding all the possible approaches to dispute resolution, litigation can be a tool that’s put to use as a matter of effective, strategic timing. 

Such decisions need to be made within the context of a broad view of the rights and issues involved, regardless if a case is simple or complex. That is why it is always advisable to consult with an attorney from the moment a dispute surfaces.

This all comes to mind in connection with a matter that is brewing. While the site of the action is in Tennessee it involves a North Carolina company that has aspirations to set up a solar farm project that would feed electricity into the Tennessee Valley Authority’s grid system. Stepping up on the other side is a group of homeowners with residences built around a private plane landing strip.

The owners aren’t happy about the possibility of having a solar farm on land adjacent to their development and they brought those concerns before the local county Planning Commission last week. One of the biggest issues leveled was that the homeowners had only found out about the possible solar farm because one of them had chatted with a soil archeologist who’d been wandering the site.

In an interview with a local paper, the president of the North Carolina energy firm said notifications haven’t been made because no plans have been assembled or finalized. The company is still assessing if the site is even viable. He could provide no date for when the preliminary work might be complete.

It seems plausible to think that this dispute might lead to litigation. But the question to ask would be, is this the right step at the right time?