Best Practices in Granting and Defending Incentives
Tennessee GovCon: Economic & Community Development
Event
Nashville Bar Foundation, Fellow Listed in The Best Lawyers in America® Economic Development Law, 2014-2027 Eminent Domain and Condemnation Law, 2015-2027 Land Use and Zoning Law, 2007-2027 Litigation – Land Use & Zoning, 2011-2027 Municipal Law, 2007-2027 Real Estate Law, 2010-2027 "Lawyer of the Year," Eminent Domain and Condemnation Law, 2021 "Lawyer of the Year," Municipal Law, 2015, 2022, 2025 "Lawyer of the Year," Litigation – Land Use & Zoning, 2012, 2016, 2022, 2025 "Lawyer of the Year," Economic Development Law, 2018, 2024 Listed in Chambers USA, Real Estate: Zoning/Land Use, 2008-2026 Listed in Business Tennessee, "150 Best Lawyers," Zoning/Land Use, 2008, 2010 Listed in Nashville Business Journal, “Best of the Bar," Real Estate Zoning/ Land Use, 2011-2012 Listed in Nashville Post, "Nashville's 101 Top Lawyers," 2011 Listed in Mid-South Super Lawyers, Land Use/Zoning, 2011-2024 University of Tennessee Alumni Service Award, 2016 Represented data center developers in addressing new zoning regulations on data centers. Assisted developers in connection with a moratorium on new sewer connections. Represented developer of mixed-use development regarding incentives, licensing of name for future museum, and conveyance of land for emergency service center to local government. Represented neighborhood association on challenge to applicability of protections for properties along scenic highways. Represented developers on the East Bank in Nashville on incentives and entitlement issues. Represented tenant in connection with adoption of proposed future street map across leased premises. Assisted Johnson City Development Authority on multiple tax increment financing transactions within Johnson City’s Downtown Redevelopment District. Represented Metropolitan Government in structuring incentives for convention center hotel. Represented for-profit hospital in obtaining property tax abatement for new hospital. Represented redeveloper of shopping center in structuring tax increment financing for mixed use project. Assisted wireless telecommunications tower in obtaining approval for a tower extension pursuant to the Middle Class Tax Relief and Job Creation Act on 2012, Pub. L. 112-96 enacted on Feb. 22, 2012 (now codified at 47 U.S.C. § 1455(a)). Hudson v. Metropolitan Government of Nashville and Davidson County., No. M2019-01081-COA-R3-CV, 2020 WL 7255807 (Tenn. Ct. App. Dec. 8, 2020) – Represented developer in neighbor’s challenge to approval of subdivision plat. 150 4th Ave. N. Tenant, LLC v. Metro. Nashville Bd. of Zoning Appeals, No. M2019-00732-COA-R3-CV, 2020 WL 1278226 (Tenn. Ct. App. Mar. 17, 2020) – Represented tenant with skyline sign on high rise building in challenge to approval of additional skyline signage on building. Pinnacle Towers Acquisition LLC v. Penchion, 523 S.W.3d 673 (Tenn. Ct. App. 2017) – Represented wireless tower owner on challenge to tax sale of property subject to perpetual easement for wireless tower. CK Development, LLC v. Town of Nolensville, No. M2010–00633–COA–R3–CV, 2012 WL 38287, at *11 (Tenn. Ct. App. Jan. 6, 2012) – Represented developer in challenge to application of newly adopted road standards to plan for phase of previously approved planned unit development. Robinson v. City of Clarksville, 673 S.W.3d 556 (Tenn. Ct. App. 2023) – Represented City of Clarksville in cases involving the landowners’ claims of breach of contract, promissory estoppel, interference with business relationship, “diminution of value of land,” inverse condemnation, and claim under § 1983 for unconstitutional arising from City’s failure to construct an alley and encroachment of a sewer line on landowners’ property. Durrett Investment Co., LP v. The City of Clarksville, Montgomery County (TN) Circuit Court, No. MC CC CV OD11-1105 – Successfully defended City on a regulatory taking claim arising from an eight-month moratorium on development within potential corridor for future connector road governments. Waste Services of Decatur, LLC v. County of Lawrence, No. M2011–01947–COA–R3–CV, 2012 WL 3329621 (Tenn. Ct. App. Aug. 14, 2012) – Represented vendor in successful challenge of award of contract for solid waste management services. State ex rel. DeSelm v. Jordan, 296 S.W.3d 530, 533 (Tenn.Ct.App.2008) – Represented Knox County Election Commission in action seeking to have county elections involving term-limited officials declared void, the winners ousted, and new elections held. Jordan v. Knox County, 213 S.W.3d 751 (Tenn. 2007) – Represented Knox County Election Commission in challenge to term limits provision of Knox County Charter. Custom Land Development, Inc. v. Town of Coopertown, 168 S.W.3d 764 (Tenn. Ct. App. 2004) – Represented landfill developer seeking to resume operation of nonconforming use. Consolidated Waste Systems, LLC v. Metropolitan Government of Nashville and Davidson County, M2002-02582-COA-R3-CV, 2005 WL 1541860 (Tenn. Ct. App., June 30, 2005) – Successfully challenged zoning ordinance adopted to prevent client’s development of a construction and demolition landfill. Betty v. Metropolitan Government of Nashville and Davidson County, 835 S.W.2d 1 (Tenn. Ct. App. 1992) – Represented Metropolitan Government in inverse condemnation case arising from repair of broken sewer force main. West Meade Homeowners Ass'n v. WPMC, Inc., 788 S.W.2d 365 (Tenn. Ct. App. 1989) – Represented Metropolitan Government in challenge to dedication of right-of-way for public street. Tennessee Manufactured Housing Ass'n v. Metropolitan Government of Nashville and Davidson, 798 S.W.2d 254, 260 (Tenn. Ct. App. 1990) – Represented Metropolitan Government in challenge to regulations prohibiting double-wide mobile homes in residential districts. Steele v. Industrial Development Board of the Metropolitan Government of Nashville and Davidson County, 950 S.W.2d 345 (Tenn. 1997) – Represented Metropolitan Government in Establishment Clause challenge to industrial development bonds issued on behalf of religiously-affiliated educational institution. KLN Associates v. Metropolitan Development & Housing Agency, 797 S.W.2d 898 (Tenn. Ct. App. 1990) – Defended validity of land use restrictions contained in redevelopment plan. French v. Boner, 963 F.2d 890 (6th Cir. 1992) – Defended challenge to 1991 redistricting plan for Metropolitan Council.