Land use laws and common interest development laws as they affect lenders pre-foreclosure

The Firm’s zoning and land use practice understands the myriad of related legal issues and offers decades of experience and a unique integration of land use, municipal law, public finance, environmental law and lobbying. This inter-disciplinary approach has enabled us to establish relationships with federal, state and local governing bodies, developers, homeowner’s associations and civic groups, ensuring that our client’s interests are well represented in all aspects of land use matters. This knowledge translates into the ability to identify both potential problems and specific solutions that give our clients a valuable advantage whether they are buying or selling property.

We serve clients in all facets of national, regional and local land use matters including office, retail, industrial, residential, mixed use developments, maritime, telecommunications facilities, resort developments, and hospitality. From signature residential and oceanfront resort communities to the development of national distribution centers and international shipping ports, our attorneys represent clients on land use, regulatory and development issues including:

• Zoning and land use due diligence
• Planning and zoning approvals
• Site plan amendments, subdivision approvals, and variances
• Comprehensive Plan amendments
• Annexations
• Facility siting and infrastructure assessment
• Public/private partnerships and intergovernmental agreements

Firm attorneys have served as counsel to various businesses, civic associations, neighborhood groups, and individuals on zoning, planning, and development matters while representing a variety of commercial businesses, national retailers and developers for projects throughout the United States. This breadth and depth of experience allows clients to have access to a fully integrated land use team with experience throughout the country.

Representative Experience

• Representation of a lender in the annexation and zoning of foreclosed property in Georgia as a means to increase property value and position property for sale.
• Representation of various businesses, civic associations, neighborhood groups, and individuals on zoning, planning, and development matters before local authorities.
• Analyze land use and permitting performed by prior developers in advance of lender foreclosures on property in order to limit potential liability.
• Obtained the necessary rezoning and text amendments to City Zoning and Site Plan Ordinances to facilitate a $250 million project in Virginia consisting of high rise office buildings, a significant retail component, a 13-story luxury apartment building, a hotel, and other land uses.
• Obtained zoning and other approvals for multi-tower high rise office/retail/hotel development in Atlanta, Georgia.
• Successfully represented clients in municipal annexations of property in Virginia and Georgia.
• Representation of a national retailer as land use counsel for the acquisition and development of hundreds of new locations throughout the Southeast.
• Performed zoning and subdivision due diligence of over 350 sites in all 50 states for a major retirement home company.
• Representation of the Atlanta Development Authority in the formation of the Atlanta BeltLine Tax Allocation District and preparation of BeltLine Redevelopment Plan.
• Representation of local governments in Georgia in formation of tax allocation districts and preparation of zoning ordinances.
• Representation of Verizon Wireless in connection with obtaining local zoning and development approvals for telecommunications facilities in Georgia and South Carolina.
• Representation of a national rail carrier for the development of rail transportation facilities in the metropolitan Atlanta area.
• Representation of a developer in obtaining local zoning and development approvals for several hundred acre mixed-use development in Greene County, Georgia.
• Representation of Emory University on various zoning and land use matters in connection with campus development projects including new hospital, clinic, academic buildings, and housing.
• Representation of a development community in connection with Development of Regional Impact reviews by the Georgia Regional Transportation Authority and regional development centers.