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Hard to push

Date published: 7/25/2003

JOHN MULLINS may be prickly, bull-headed, and contrary in his business dealings with historic preservationists. There is no evidence that he is a masochist. He does not grow fonder of his attackers the more they beset him; he becomes more resolved to outdo them. So why does the national preservation group that covets a large chunk of Mr. Mullins' 800 acres on the Chancellorsville battlefield think it will prevail by rumoring lawsuits and practicing obstruction?

Preservationists, along with foes of sprawl, pressured the Spotsylvania County Board of Supervisors to reject, in March, the grandiose Town of Chancellorsville project that would have made Mr. Mullins a much richer man. The preservationists declared victory because, they said, they had nixed a development that would have marred the nearby national battlefield park. Since then, says Mr. Mullins, the value of his land has increased, so that even a smaller project now likely would fetch him more than the sum offered by the "town's" planner. So, "win-win"? Alas, no.

Now the Civil War Preservationist Trust, whose entreaties Mr. Mullins seems to delight in rebuffing, is back for another stanza of conflict. The national trust has threatened to sue the Army Corps of Engineers should it permit Mr. Mullins to construct six road crossings over streams on his historic property. Mr. Mullins has a "by right" ability to put 225 homes and some businesses on his land, subject to compliance with various regulations. But those regulations provide litigious opportunities for the historic trust, whose strategy may be to confound Mr. Mullins' commercial aspirations on the chance that in exasperation he will deal with it or transfer the property to a more amenable party.

This seems a long shot. The CWPT may spend its money on lawyers rather than land if it chooses, but the force of the trust looks to us more resistible than the object of John Mullins looks movable. Besides, there is something disconcerting about the assumption of some preservationists that the claim of Mr. Mullins or any property owner (including those less prickly, bull-headed, and contrary) to history-touched lands is merely provisional.


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Date published: 7/25/2003



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