What are we protesting?

Civil War Preservation Trust is circulating a letter via email calling for a protest at Harpers Ferry next week:
On the evening of Friday, August 17, 2007, CWPT, the National Parks Conservation Association (NPCA) and the National Trust for Historic Preservation will host a candlelight vigil on the site of the unauthorized digging of hallowed battlefield land. We will be joined by several local preservation groups who have been fighting the good but often lonely fight against development at Harpers Ferry.
You can read the full text of the letter here at Hardtack and Hard Times.

Just a question, if I may. If we want to deter this sort of thing in the future, why not sue the developer in question? That's a nice, clear signal anyone can understand. If we want to make a people-power statement against development at HF in general, what developer is going to think this vigil has anything to do with him and why? And if this vigil is directed at the National Park Service (who presumably let this happen), why not spell that out?

Anybody got a clue as to what this is all about?