However having developed many subdivisions myself I was able to work with my client ( who is a very experienced civil engineer that did projects in NYC) So determined that with the base zoning it was not a matter of if it was how many and how  long to get approved.this is probably one of the top 10 markets in the entire US for new builds you would not have Toll brothers there if it was not.  35 minutes or so West of Dulles and all the high tech in that area..

.* lis pendens is not just a note but a recorded cloud on title that there is pending litigation.

And civil litigation which some have threatened same thing they will be talking about this sometime about 2 years or more from now as  as it winds through that process.. 

Just initial talks w my civil, I think we can get 40 pads or so.

It may also help keep the litigation target off your back.As always, check with your competent legal counsel--not all attorneys speak fluent "trust function and formation".

if the timber is merch  you should get a mill in there to bid on the timber.. hire a logger.. profit you use to knock the stumps out.your civil engineer should be giving you a preliminary cost to do infrastructure normally they will do these for free since they will be designing it all.. they would be the best bet anyone on line is simply  a WAG  

I was the civil engineer (not the developer or homebuilder on this project). 

ONe would want to know what the resolve of the current HOA board is and do they have money to litigate this or willingness to do so.the 98 CCRs are valid .. so it will come down to a trier of fact and case law I guess if they sue you.

I find this discussion very informative, and have to say I appreciate how civil and respectful it has been despite opposing views.

That alone will not protect you from litigation.