Real Estate, Land Use and Resources Experience
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Prescriptive Easement Dispute Successfully Litigated for Property Owners Tamara O'Neill Moreland and Julie Nagorski successfully represented a group of property owners who were sued by an adjoining landowner for a prescriptive easement over their private road. After a three-day court trial, the judge denied the prescriptive easement. Lender Relies on Larkin Hoffman to Protect Property from Default and Reposition it for Development A national lender took control of property after a large mixed-use project failed due to the national economy. By that time the property was encumbered by multimillion dollar tax and assessment obligations, a substantial portion of which were delinquent, the property had been exposed to forfeiture. The firm’s Real Estate, Land Use and Government Relations teams helped our client develop a strategy for avoiding tax forfeiture while securing municipal support for a creative public finance plan that enables the client to pursue a significant taxable use of its property, while meeting the existing tax obligations. Conditional Use Permit Denial Overturned Tamara O'Neill Moreland successfully overturned a city's denial of a conditional use permit for the expansion of an assisted living facility. The court ordered the city to issue the conditional use permit and did not remand the issue to the city conditions. Larkin Hoffman helps Dominium Development obtain Variance for "A Mill" Project Dominium Development has secured government approvals for construction of 255 artists’ lofts as part of renovation of the former Pillsbury A Mill, a national historic landmark located on the Mississippi River in Minneapolis. When a variance approval was appealed by opponents of the project, developers of the project turned to Bill Griffith who successfully defended the appeal in hearings before the City. Inclusion of Roadway Improvement Funding in State Bonding Bill The need for road improvements near the Mall of America in Bloomington, Minnesota, prompted a group of Bloomington officials, landowners and legislators to contact Larkin Hoffman for support. Drive-Thru Lane Approvals A national retail food chain seeking to add drive-thru lanes turned to Larkin Hoffman for support. The Larkin Hoffman team, including Julie Perrus and Bill Griffith, led by Tom Alexander, represented the retailer in obtaining land use approvals from cities and landowners for adding drive-thru lane improvements at locations in Minnesota, New York and Texas. Real Estate Litigation Team Defends Commercial Construction Company A commercial construction company facing damage claims turned to Larkin Hoffman for support. The Larkin Hoffman real estate litigation team successfully defended the company against claims that its construction of a condominium had damaged the neighboring property owners’ common wall. Overcoming City Opposition to School District’s Proposed New Building When an urban school district encountered opposition from a community in which a new school building was proposed, the district turned to Larkin Hoffman to guide its presentation to the local planning commission and city council. Garden Greenhouse Expansion Approved Despite Initial Community Opposition A major lawn and garden retailer/nursery sought Larkin Hoffman’s assistance in developing a strategy to overcome potential opposition to a major expansion of their greenhouse facilities, in an area of the city planned for more intensive land use. Steel Maker Enlists Regulatory and Policy Advice to Pursue Mine Expansion When the largest steel maker in the country and largest taconite producer in Minnesota wanted to expand, the company engaged Larkin Hoffman’s regulatory and government relations team. College Campus Purchase/Construction Projects A non-profit arts college seeking to purchase some land contacted Larkin Hoffman for support. The Larkin Hoffman team, led by Tom Alexander, assisted the college in the purchase of the last parcel of land – needed to complete ownership of its multi-block inner city campus – from a difficult holdout property owner. Sharia Compliant Financing Transaction When a bank needed assistance in preparing Sharia Compliant finance documents for use in Minnesota, the bank contacted Larkin Hoffman. The Larkin Hoffman team, led by Tom Alexander, assisted the bank in closing a complicated purchase and lease Sharia Financing transaction with a partial sublease back to the seller, the U.S. Postal Service. Lender REO Sale Representation A Minnesota bank seeking to sell some property contacted Larkin Hoffman for representation. The Larkin Hoffman team, led by Tom Alexander, assisted the bank in the sale of a commercial REO (bank owned) property to an adjoining property owner. Cooperative Refinancing Transaction When a national farm/industrial cooperative needed help refinancing loans, the organization turned to Larkin Hoffman. The Larkin Hoffman team, led by Tom Alexander, assisted in the refinancing of loans secured in part by real estate in Idaho, Ohio and Minnesota with various title and survey problems. In connection with this representation, Larkin Hoffman also coordinated local counsel assistance in Idaho and Ohio. Larkin Hoffman Secures Public Funding for Radisson Blu Hotel at Mall of America A developer seeking to move ahead with construction of a hotel at Mall of America contacted Larkin Hoffman for legislative and real estate services. The Larkin Hoffman legislative team, led by Bill Griffith, secured legislative approval of public funding on behalf of Mall of America for the stalled project as part of the 2010 jobs bill. Lender Redemption from Foreclosure A subordinate lender turned to Larkin Hoffman for support in a commercial property case. The Larkin Hoffman team, led by Tom Alexander, assisted the subordinate lender in the redemption of an office building from a foreclosure by the first lender. Larkin Hoffman also advised the client in the sale of the same property to an existing tenant. Acquisition of Prime Land for City Development When the City of Columbus sought to acquire 84 acres of prime freeway land for development, the city turned to its City Attorney firm, Larkin Hoffman. Approval of Land Development Rezoning Requests Seeking to challenge a city’s denial of rezoning requests, a land developer turned to Larkin Hoffman. Larkin Hoffman Attorneys Negotiate Sale of Auto Sales and Repair Facility Larkin Hoffman attorneys Greg Korstad and Ryan Boe represented the seller of a 30 year old automotive dealership site in the negotiation and closing of the sale. Larkin Hoffman also assisted the seller with the resolution of various environmental contamination and compliance matters concerning the property. Larkin Hoffman Attorneys Negotiate Major Redevelopment Financing Package Larkin Hoffman attorneys represent a major Twin Cities developer in connection with a substantial investment in a multi-million dollar mixed use redevelopment project. Larkin Hoffman Successfully Represents Property Owners in Contested City Regulations A group of property owners in western Wisconsin learned of an airport overlay ordinance that their neighboring city planned to adopt and sought assistance from Larkin Hoffman’s Land Use team. Contract for Deed Cancellation Notice Leads to Successful Commercial Transaction A client wanted to fight a Notice of Cancellation of a Contract for Deed for commercial property contacted Tamara O'Neill Moreland. Larkin Hoffman Secures Community and Government Agency Support for Project A large, urban school district turned to Larkin Hoffman to assist with a multi-million dollar plan to redevelop a number of school buildings and construct several new buildings. The proposed changes were controversial within the community, and included essential land use and environmental regulatory issues. Discounted Purchase of Foreclosed Home Tom Alexander recently assisted a client new to Minnesota in purchasing a multi-million dollar house out of foreclosure by purchasing the sheriff’s certificate directly from the foreclosing lender prior to the borrower’s and junior creditor’s redemption periods having expired. Negotiation and Closing of Shopping Center Acquisition When a senior living developer was interested in the multimillion dollar mixed-use redevelopment of an aging shopping center, they turned to the Larkin Hoffman team of Peter Coyle and Ryan Boe. Accountability for Timely Zoning Decisions When developers need timely approval of municipal zoning requests, they turn to the Larkin Hoffman team for cases involving application of Minnesota's 60-Day Rule, which requires a city to grant or approve a written zoning request within 60 days or the request is deemed automatically approved by statute. Injunction Prevents Builder from Cancelling Purchase Agreement When a builder needed to obtain an injunction to prevent a developer from cancelling the builder’s multi-million dollar purchase agreement, the builder contacted Larkin Hoffman. Breach of Fiduciary Duty When one member of a limited liability company needed representation against another joint member related to the purchase and development of a parcel commercial property, the first member contacted Larkin Hoffman. Build-to-Suit Lease for Major Manufacturing Project An international manufacturing company turned to Larkin Hoffman for representation in the negotiation and documentation of a build-to-suit lease pursuant to which the landlord would construct a LEED Certified (silver) 285,000 square foot warehouse and office facility. Health Care Real Estate Expansion A regional children’s specialty healthcare provider contacted Larkin Hoffman in connection with real estate legal needs including leasing, construction, property subdivisions, and development matters. Comprehensive Plan and Zoning for Mixed-Use Redevelopment When Wayzata Bay Development and Presbyterian Homes sought approval of a mixed-use redevelopment of the Wayzata Bay Shopping Center, the client turned to Larkin Hoffman for advice on comprehensive plan and zoning issues, including a major ordinance amendment, without which the project could not proceed. Legislative Approval of Key Funding Authority for Mall of America Expansion Mall of America, an internationally recognized retail and entertainment attraction, relied upon the services of Larkin Hoffman's legislative team for assistance in securing authority from the Minnesota legislature for new tax revenues to support Phase II development of the property. Wetland and Storm Water Permits for Residential Development A large national residential developer selected Larkin Hoffman for representation in obtaining Clean Water Act and Minnesota Wetland Conservation Act permits from the U.S. Army Corps of Engineers and Rice Creek Watershed District to fill and excavate wetlands for a 123-unit residential development. Accountability for Timely City Zoning Requests Developers turn to Larkin Hoffman for representation when in need of timely approval of municipal zoning requests involving application of Minnesota's 60-Day Rule. Response to Residential/Golf Course Development Fraud Lawsuit The developer of a major residential/golf course relies on Larkin Hoffman to aggressively respond to a lawsuit from purchasers alleging fraud in the inducement with respect to their lot acquisitions. Intervention in Real Estate Possession The owner of an airplane hangar contacts Larkin Hoffman when the hangar is taken by the creditor of the person who had sold the hangar. Commercial Real Estate Abandonment A shopping center seeking to pursue damages against a tenant and guarantors who abandoned the premises turns to Larkin Hoffman for representation. Commercial Lease Termination A wireless communications provider, which needed to take action to prevent a landlord from terminating a rooftop lease, contacts Larkin Hoffman for representation on the case. Residential Real Estate Fraud A home owner seeking a fraud action against the seller of the home turns to Larkin Hoffman. Land Use Entitlement and Environmental Review for Continuing Care Retirement Community A large national developer turns to Larkin Hoffman for representation in land use entitlement and environmental review issues for a proposed 1,500-unit continuing care retirement community. Airport Redevelopment Agreement Enforcement A fixed based operation on the Anoka County Blaine Airport turns to Larkin Hoffman for representation in seeking to enforce an agreement with the Metropolitan Airports Commission to redevelop a portion of the airport. Land Use Entitlement for Grocery Store Fuel Centers When a large regional grocery store company was seeking to identify and obtain land use entitlements for fuel centers accessory to new and existing grocery stores, the client turned to the Larkin Hoffman. Fraud Action Against Development Partner Larkin Hoffman represents developer in pursuing fraud action against a joint partner. Land Use Entitlement, Multi-Jurisdictional Road Access and Wetland Permits for Commercial Development A local developer seeking land use entitlements and permits for a commercial development turned to Larkin Hoffman. Arbitration Involving Real Estate Misrepresentation A client turns to Larkin Hoffman for representation during a five-day arbitration case involving the proper disclosure of the condition of the client’s high-valued home during the sale transaction. Misrepresentation Involving 1031 Exchange Larkin Hoffman represents a buyer who maintains the seller of two apartment buildings misrepresented the condition of the properties purchased in connection with a § 1031 exchange. Common Interest Community Defective Design and Construction Larkin Hoffman pursues claims on behalf of a townhome associate for defective construction under the Minnesota Common Interest Community Act against a large, national homebuilder. Real Estate Taxation Larkin Hoffman represents three of the largest shopping malls in the upper Midwest in their protest of real estate taxes. Land Use Entitlement for Planned Expansion of Automobile Dealership A local automobile dealership considering alternative expansion options for an existing automobile dealership selects Larkin Hoffman to represent the dealership in connection with land use entitlement issues. Plan Approval and Rezoning for Luxury Apartments Larkin Hoffman's Real Estate team obtained approval from the City of Bloomington of a Comprehensive Plan Amendment and Rezoning for 418 luxury apartment units on behalf of The Richdale Group, an Omaha-based developer of multi-family residential and commercial projects. Land Use Entitlement, Road Improvement Financing and Office Development Permits A large regional developer turned to Larkin Hoffman for representation in obtaining land use entitlements and permits for an 11-story, 275,000 square foot office development. Environmental and Land Use Entitlement for Residential Development Larkin Hoffman's Land Use team helps large industrial land owner pursue development entitlements. Conditional Use Permit Larkin Hoffman pursues conditional use permit for a new telecommunications tower on behalf of a national wireless phone company. Land Use Entitlement for Master Development Plan A large, West Coast developer of mixed-use, master-planned communities relies on Larkin Hoffman's Land Use team to pursue development entitlements for a 1,000 acre site. Legislative Amendment to Protect Private Property from Arbitrary Taking by Government Body Larkin Hoffman's Government Relations team leads a coalition of private companies and landowners seeking a change in state law. Representation of Private Company in Seeking Local Public Financing Assistance Larkin Hoffman's Land Use team provides legal guidance to a private company seeking land use entitlements for a neighborhood-scale, mixed-use commercial center. Auction of 700+ Acre Residential and Golf Course Development Larkin Hoffman's Real Estate team helps local developer establish framework for homeowners associations and represents the developer in auctioning the remaining development. Commercial Landlord-Tenant Dispute Larkin Hoffman's Real Estate team represents tenant in lease agreement dispute. Easement Dispute Larkin Hoffman's Real Estate team represents third-party defendant against claims arising from an easement dispute. Green Design Larkin Hoffman's Real Estate team helps client obtain approval for projects that incorporate green components to reduce environmental effects of projects in developed areas. Development Plan Approval Larkin Hoffman's Land Use team obtains approval from the City of Bloomington for preliminary development plans for Phase II of the Mall of America. Annexation and Municipal Incorporation Larkin Hoffman's Real Estate team represents City of Columbus in annexation and municipal incorporation proceeding. Negotiation of Purchase of Commercial Development Larkin Hoffman helps regional developer in purchasing commercial development real estate parcel and helps structure financing for the project. Negotiation of Loan Refinancing Larkin Hoffman's Real Estate Transaction team represents developer in in-depth negotiations. Real Estate Based Loan Transactions Larkin Hoffman's Real Estate Transaction team represented local and regional banks in negotiating and documenting real estate purchase and construction financing transactions. Natural Resources Common Law Negligence Larkin Hoffman succeeds in establishing new law in the area of common law negligence. Development Fraud Action A developer in a fraud action case selects Larkin Hoffman to represent the company’s interests against a seller. Development Breach of Contract A developer wishing to pursue a breach of contract action against a builder contacts Larkin Hoffman for representation. |