If you are a developer of buildings, communications systems or power plants, you understand the time to obtain project approvals can often exceed the time to construct the project—often by a factor of two. Accordingly, a skilled land use attorney is a critical component of your team, and the earlier we are engaged, the more helpful we can be.
Our attorneys have substantial experience helping clients successfully navigate the full range of land use issues, including complex planning, permitting and approvals, zoning, environmental reviews, redevelopment areas, disposition and development agreements and other multiple-party agreements. We have worked on a wide variety of projects, including hotels, condominiums, subdivisions, master-planned communities, health care facilities, movie theatres, industrial developments, office buildings, infrastructure and high-tech and energy facilities. We have practiced before hundreds of local jurisdictions nationwide, within and beyond our office locations.
The burden on the developer seems to grow ever more difficult and time-consuming, due in part to shortfalls in government funding, increasingly complex regulations, delays and appeals, and uncertainty. All these issues, if not properly addressed, can adversely affect a project’s financing and economic viability.
As a developer, you know that time is money. Our services are designed to shorten the project timeline, prevent government overreaching, avoid delays and convince regulators to be flexible and creative. We have excellent working relationships with land use officials. We understand their perspective and work with them on an ongoing basis. These relationships are extremely helpful in moving a project quickly and successfully through the approval and, if necessary, appeals processes. Our work includes structuring public-private partnerships to infuse needed governmental capital into otherwise economically unfeasible projects, in the form of grants, tax-increment financing, discounted loans, loan guarantees and tax holidays.
Nonetheless, there are times when project proponents cannot reach a workable agreement with permitting agencies and, after exhaustion of administrative remedies with an eye to creating a good record, we must resort to litigation to protect their rights. Our team is very experienced with all types of dispute resolution proceedings in all types of forums. We see litigation as something neither to be embraced nor avoided, but as a tool to be employed as part of an overall strategy to help accomplish a successful business result in a cost-effective manner.