There’s been some talk about litigating now versus litigating later, after the Board does something egregious. But the time to have a big First Amendment fight is now, and that’s not the path the company’s taken.
As to future litigation, I think a lot of developers and municipal professionals assume that any land use approval process is going to end in litigation. Not because every application ends up in court, but because unless everyone’s on the same page from the outset the process works backwards from the possibility. “Does the site plan comply with the ordinance” is another way of asking, “will our decision hold up in court.”
Of course, assuming the company wants to avoid the political fallout from any litigation with the Board, it’s operating with one hand (or more) tied behind its back. The hope seems to be that the Board will be easygoing and cooperative. That’s an awful big assumption.