Experience
  • General Experience
    • Obtaining permanent easements or lease extensions

      Represented wireless telecommunications tower owner to acquire permanent easements or obtain lease extensions for existing wireless telecommunications tower sites.

      Real estate purchase agreements

      Negotiated and drafted real estate purchase agreements. Drafted real estate development documents, including CCRs and easements.

      Environmental permitting issues, administrative hearing and judicial review

      Advised developer of sanitary landfill on environmental permitting issues and represented developer in administrative hearing and judicial review litigation regarding nonconforming use status of sanitary landfill.

      Zoning approval

      Represented wireless telecommunications tower owner in administrative hearings to obtain zoning approval for new communications towers.

      Environmental permitting issues, permit appeal litigation

      Representation of developer of construction and demolition landfill in environmental permitting process, administrative hearings and permit appeal litigation, and in litigation challenging downsizing.

      $1,500,000 Development Loan

      Represented a local bank in closing a $1,500,000 development loan secured by property located in Nashville, Tennessee.

      $12 million real estate acquisition and development loan

      Representation of major regional bank in closing a $12,000,000 acquisition and development real estate loan.

      $12,000,000 Loan Assumption

      Currently representing a life insurance company in documenting an assumption of a $12,000,000 loan for a national home improvement store location in Knoxville, Tennessee.

      $125 million chemical facility

      Local counsel for a foreign chemical firm establishing an approximately $125 million chemical facility in North Alabama.

      $125 million refinance of shopping center

      Representation of a national life insurance company in the $125 million refinance of Green Hills Mall in Nashville, Tennessee.

      $125 Million Retail, Office and Industrial Property Sales

      Represented institutional investor in connection with disposition of real estate portfolio involving retail, office and industrial property valued in excess of $125,000,000. Representation involved sales to multiple buyers and properties in multiple jurisdictions.

      $13.75 million acquisition and financing

      Representation in the $13.75 million acquisition and financing of Park Place Shopping Center in Nashville, Tennessee.

      $130 million institute

      Represented a non-profit biotechnology institute in its land acquisition for the establishment of approximately $130 million institute.

      $15 million acquisition and development of real property

      Representation of HealthSouth Corporation’s acquisition and development of nine acres of real property in Loudon County, Virginia, valued at $15 million.

      $15 million acquisition and financing

      Representation in the $15 million acquisition and financing of The Oaks Shopping Center in Murfreesboro, Tennessee.

      $155 million sale of 198 convenience stores

      Representation of company in its $155 million sale of 198 convenience stores.

      $220 million purchase of office properties

      Representation as an investor for purchase of two trophy office properties valuing over $220 million in Phoenix/Scottsdale and on North Michigan Avenue in Chicago.

      $220 million purchase of portfolio of 22 medical office buildings

      Served as outside counsel in the purchase of a portfolio of 22 medical office buildings across the U.S. valued at more than $220 million.

      $25 million acquisition and financing

      Representation in the $25 million acquisition and financing of Hillsboro Plaza Shopping Center in Nashville, Tennessee.

      $29 million purchase of mixed use project

      Negotiation and due diligence for purchase of Mixed Use project in San Francisco suburb with purchase price of $29 million.

      $29 million syndicated multifamily loan

      Represented the lead lender in a $29 million syndicated loan for the construction of a multifamily apartment complex.

      $3,258,000 Loan Assumption

      Currently representing a life insurance company in documenting an assumption of a $3,258,000 loan for a national pharmacy chain location in East Tennessee.

      $30 million acquisition of five medical office buildings

      Served as outside counsel in the purchase of five medical office buildings in sale/leaseback transaction with Baptist Hospital in Birmingham, Alabama, valued at more than $30 million.

      $300 million acquisition, sell or financing of industrial distribution facilities

      Represented a developer in acquiring, selling or financing industrial distribution facilities, totaling more than $300,000,000.

      $32 million mixed-use construction loan

      Represented the lender in a $32 million loan for the construction of a mixed-use project.

      $33,000,000 Life Company Loan

      Currently representing a life insurance company in closing a $33,000,000 loan to a national hotel franchise in the Nashville area.

      $36 million acquisition of office park

      Representation in the $36 million acquisition of Green Hills Office Park in Hillsboro Plaza in Nashville, Tennessee.

      $40 million acquisition and construction financing

      Represented lender in connection with a $40 million acquisition and construction financing for a multifamily development.

      $41 million sale of undivided interest in shopping center

      Representation in the $41 million sale of undivided interest in Thoroughbred Village Shopping Center in Cool Springs, Tennessee and assumption of loan.

      $49 million acquisition of 43 retail fuel and convenience stores

      Representation in the $49 million acquisition of 43 retail fuel and convenience stores in north Georgia and east Tennessee.

      $55 million sale of 40,000 acres of cattle ranch and orange groves

      Assisted client with the $55 million sale of 40,000 acres of cattle ranch land and orange groves.

      $55 Million Variable Rate Demand Revenue Bonds

      Represented letter of credit bank in the issuance of $55 million in variable rate demand revenue bonds for the refinancing of eight separate assisted living facilities.

      $60 million disposition of properties owned by German syndicator

      Assisted with the $60 million disposition of properties owned by a limited partnership sponsored by a German syndicator. Properties included an office building in New Jersey, an office building in Washington, D.C. and two grocery-anchored shopping centers in Pennsylvania.

      $60 million multiphase project using HOPE VI funds and LIHTC

      Represented developer on a $60 million multiphase affordable rental and home ownership redevelopment of public housing project using HOPE VI funds and Low Income Housing Tax Credits.

      $65 million refinance

      Representation of lender in the $65 million refinance of Turkey Creek Lifestyle Center in Knoxville, Tennessee.

      $7.9 billion commercial mortgage backed securities offering

      The world’s largest commercial mortgage backed securities offering ($7.9 billion). Tranny led the team’s efforts with respect to drafting the Term Sheet and filing with the Securities Exchange Commission.

      $77 million acquisition and financing of hotel

      Representation in the $77 million acquisition and financing of Renaissance Hotel in downtown Nashville, Tennessee.

      $8,755,000 Acquisition and Development Loan

      Represented a local bank in documenting an $8,755,000 acquisition and development loan secured by property located in Nashville, Tennessee.

      $83,000,000 Debt Restructure

      In connection with representation of an individual investor, assisted with the restructure of $83,000,000 in debt secured by various real estate and other personal property.

      $900,000 Acquisition Loan

      Represented a local bank in closing a $900,000 loan made in connection with the purchase of a convenience store located in Nashville, Tennessee.

      Betty v. Metropolitan Government of Nashville and Davidson County, 835 S.W.2d 1 (Tenn. Ct. App. 1992)

      Defended local government in inverse condemnation case arising from damage to private dam caused by break in sewerage force main.

      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 landfill that no longer conformed to zoning regulations.

      Davis Group (MC), Inc. v. Metropolitan Government of Nashville and Davidson County, 912 S.W.2d 178 (Tenn. Ct. App. 1995)

      Defended local government’s denial of approval of commercial planned unit development.

      Federated Stores Realty, Inc. v. Huddleston, 852 S.W.2d 206 (Tenn. 1992)

      Gain from the sale of real estate held to be nonbusiness earnings allocable to the state in which the property is located and not apportionable for purposes of the Tennessee corporate excise (income) tax.

      French v. Boner, 963 F.2d 890 (6th Cir. 1992)

      Defended challenge to 1991 redistricting plan for Metropolitan Nashville and Davidson County.

      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.

      LaSalle Bank, N.A., as Trustee c/o Saxon Mortgage Services v. Betty A. Menzing, et al., CV-07-637119 (Common Pleas Court of Cuyahoga County, Ohio)

      We represented the mortgage servicer in this real estate litigation action involving a counterclaim and third party complaint brought by three mentally handicapped borrowers in a foreclosure action. Defendants’ counterclaims and third-party complaint (filed against their former attorney-in-fact,) included: alleged insufficient capacity to enter into a contract, unconscionability/unenforceability of the loan transaction, and undue influence/ duress at the time of entry into the mortgage transaction. Through Defendants’ counsel, The Cuyahoga County Board of Mental Retardation became involved in the case to ensure that their interests were protected. After extensive discovery, including deposition testimony of the three mentally handicapped borrowers, we were successful in reaching a settlement and dismissal.

      Marsh v. Wallace, 2008 WL 4000809 (S.D. Miss. Aug. 28, 2008)

      Summary judgment motions litigated against seller in multi-million dollar real estate transaction and attorney who closed the transaction.

      Saintsbury Holdings, LLC v. RMC, LLC et al., No. 1:06-cv-0014 (M.D. Tenn. 2007)

      Successfully tried a three-day bench trial in the United States District Court for the Middle District of Tennessee to remove a lien lis pendens filed against property owned by a Middle Tennessee golf course developer. After prevailing in the bench trial on behalf of the firm’s client, the plaintiffs dismissed their lawsuit without any recovery.

      State ex rel. Metropolitan Government of Nashville and Davidson County v. Spicewood Creek Watershed District, 848 S.W.2d 60 (Tenn. 1993)

      Challenged creation of watershed district intended to prevent development of local government’s landfill.

      Steele v. Industrial Development Board of the Metropolitan Government of Nashville and Davidson County, 950 S.W.2d 345 (Tenn. 1997)

      Represented local government in Establishment Clause challenge to industrial development bonds issued on behalf of religiously-affiliated educational institution.

      Taylor Properties, L.L.C., et al v. AIG Baker Brookstone, L.L.C., CV - 2005-315 (Circuit Court of Shelby County, Ala.) affirmed Alabama Court of Civil Appeals, Writ Quashed, Alabama Supreme Court

      We represented the developers who purchased a 40-acre tract upon which they subsequently built a multi-million dollar development with over 100 commercial tenants. The Plaintiffs alleged to previously own an easement through said development and sought demolition of the commercial development along with compensatory damages in diminution in value of their adjacent commercial development. After extensive discovery and expert witness testimony, the trial court granted the developers summary judgment which involved analysis of recorded instruments and whether they were easements, licenses and the ability to convey the same.

      Tennessee Manufactured Housing Association v. Metropolitan Government of Nashville and Davidson County, 798 S.W.2d 254 (Tenn. Ct. App. 1990)

      Defended local government’s regulation limiting location of manufactured housing in residential districts.

      The Bank of Nashville v. Graystone I, LLC et al.

      Dispute involving whether tenant properly exercised an option to renew a lease.

      Tucker, et al. v. City of Homewood Planning Comm’n (Circuit Court of Jefferson County, Ala.)

      Won summary judgment for landowners in appeal of planning commission’s rejection of subdivision application.

      Vulcan Aero v. Walker County, Alabama, CV-07-382 (Circuit Court of Walker County, AL)

      Represented the operator and manager of a municipal regional airport as lead counsel in a dispute arising between it and the county that had granted the operator its lease rights. Obtained a Temporary Restraining Order and Preliminary Injunction prior to settling the case on favorable terms.

      West Meade Homeowners Association, Inc. v. WPMC, Inc., 788 S.W.2d 365 (Tenn. Ct. App. 1989)

      Defended challenge to dedication of public road.

      1,600-acre mixed-use development

      1,600-acre mixed-use development (single-family, golf, retail and office) in Jefferson County, Alabama.

      1,600-acre proposed residential development

      1,600-acre proposed residential development in Shelby County, Alabama.

      100-acre proposed mixed-use development

      100-acre proposed mixed-use development in Jefferson County, Alabama which may consist of high density commercial and retail uses and single-family residential uses.

      2,500-acre residential and golf course development

      2,500-acre residential and golf course development in Shelby County, Alabama.

      Sale of 200,000+ Square Foot Warehouse Facility by Space Park Properties Partnership

      Represented Space Park Properties Partnership is the sale of a 200,000+ square foot warehouse facility and 11.257 acres in Goodlettsville, Tennessee.

      2525 West End Office and Retail development

      Represented Hines Interests in the construction and development of a mixed use facility under a ground lease from Vanderbilt University on its campus.

      300-acre mixed-use, traditional neighborhood development

      300-acre mixed-use, traditional neighborhood development in Huntsville, Alabama, which includes residential, office and commercial development.

      3322 West End Office Building

      Assisted a local developer in acquiring this suburban office building from Aid Association for Lutherans, negotiating new leases, and then reselling it.

      475-acre mixed-use, traditional neighborhood development

      475-acre mixed-use, traditional neighborhood development in Shelby County, Alabama which includes residential, office and commercial development centered around a town center.

      500-acre mixed-use development

      500-acre mixed-use development in Jefferson County, Alabama, which included residential, office and retail development.

      Acquisition and development of student housing apartment complexes

      Represented a developer in all aspects of the acquisition and development of student housing apartment complexes throughout the country.

      Acquisition and financing of $35.8 million building

      Representation in the acquisition and financing of a $35.8 million office building in Frankfurt, Kentucky.

      Acquisition and financing of three hospital POB's

      Represented the purchaser in acquiring and financing three hospital POB’s, two of which buildings were converted to condominium ownership.

      Acquisition and Loan Assumption

      Representation of a buyer/borrower in the acquisition of a retail mall and loan assumption.

      Acquisition of 77% undivided interest in office park

      Representation in the acquisition of 77% undivided interest in Green Hills Office Park in Nashville, Tennessee and assumption of related financing.

      Acquisition of portfolio of leases

      Representation in the acquisition of a portfolio of office leases in Tennessee.

      Acquisition, lease and development of retail properties

      Representation of a multi-state buyer and lessee in the acquisition, lease and development of retail properties.

      Change of Control Application

      Represented individual with application to the Federal Reserve Board for change of control of a regulated financial institution.

      Commercial real estate lending

      Represented commercial real estate lenders in connection with loans to fund the acquisition and/or development of various commercial projects, including hotel facilities and student housing apartments and condominiums.

      Construction and equity investment to Anne Place Apartments, Ltd.

      Developer’s counsel in the acquisition of real property and development of a 130-unit multi-family affordable housing project with the sale of LIHTC to a financial institution investor.

      Construction and equity investment to McKenzie Court II, Ltd.

      Developer’s counsel on a multiphase affordable rental housing project using HOPE VI and LIHTC.

      Corporate governance dispute

      As a result of motions filed on behalf of the firm’s client, the court lifted a temporary restraining order and dissolved lien lis pendens. Thereafter, the court dismissed a number of the claims. The plaintiff then dismissed the remainder of the claims. At the conclusion of the case, the court awarded the firm’s client its attorneys’ fees and costs incurred in the action.

      Defense of site rezoning on behalf of Home Depot

      Represented Home Depot in the defense of the rezoning of a site for one of its largest retail facilities. The rezoning was preserved pursuant to a negotiated settlement.

      Development of free-standing clinics

      Representation in the development of free-standing renal clinic buildings for locations throughout the country.

      Development of Megasite

      Represented county in development of regional industrial megasite.

      Development of public schools and other public projects

      Continuing representation of Hewlett-Spencer, LLC, a private developer in utilizing Tennessee’s Public Building Authority Act to develop multiple elementary, middle and high schools on a turn key basis in Maury County, Cheatham County, Grundy County, Cumberland County, Wilson County and Robertson County, Tennessee, and a criminal justice center in Wilson County.

      Development of Shopping Center at 2020 West End Avenue in Nashville

      Negotiated a ground lease for the developer and subsequent retail leases with multiple tenants including three restaurants and a bank and a construction and term loan with a local bank to finance the project.

      Digital Hospital Project

      Real estate contracts and economic incentive negotiation and documentation for hospital transaction in Birmingham, AL.

      Disposition of 28 Properties in 5 States

      Represented a publicly traded company in connection with the disposition of 28 properties located in 5 states.

      Disposition of three hospitals and sale of fourth

      Representation in the disposition of three hospitals in Oklahoma to a third party buyer and sale of a fourth to the Hospital Authority, with seller financing.

      Dispute with municipality

      Advised telecommunications provider involved in dispute with municipality over sidewalk replacement policy.

      Establishing a warehouse and manufacturing plant

      Represented a public U.S. corporation in establishing a warehouse and manufacturing plant in Mexico.

      Federal Tax - Division of assets between co-owners

      Representation of division between co-owners of real estate development assets in excess of $100 million.

      General corporate matters for non-profit corporation

      Represent non-profit housing assistance corporation with general corporate matters.

      Ground lease and sale of improvements for medical office building

      Representation in the ground lease and sale of improvements for a medical office building in Orange County, New York.

      Ground leasing for new office projects

      Represented the land owners in the ground leasing of the site for the Pinnacle office building in Nashville, Tennessee, and the site for a major mixed-use property across from Vanderbilt University.

      Hope VI grants

      Representation in Hope VI grants for three housing projects that involved tax credit financing and multiple sources of government private financing.

      Industrial development financing in lieu of tax economic incentives

      Represent many manufacturing companies in connection with industrial development financing with payment in lieu of tax economic incentives for manufacturing facilities, including plants in the Jackson, Algood, Memphis, Manchester, Winchester, Columbia, Bradley, Coffee, Pickett, Cheatham, Montgomery, Rutherford, Sumner, and many other cities and counties in Tennessee.

      Land purchase and financing for multi-use development

      Represents Mississippi developer in land purchase, financing for multi-use development and the sale of large real estate complex.

      Land purchase, construction and permanent financing

      Represents Michigan developer in the purchase of land and the construction and permanent financing of apartment complexes in several cities in Alabama.

      Lead counsel to privately-owned tubing company

      Lead counsel to privately-owned tubing company, including technology development and protection, contract negotiation, corporate governance and ownership dispute matters, and $22 million sale of company.

      Loan Portfolio Work-Out

      Assisted lender in the work-out of over $200 million in credit to a developer over eight separate properties.

      Los Angeles Shopping Center Investment

      Represent Irish investors in significant retail property transaction in L.A.

      Low Income Housing Tax Credit Applications

      Represented various developers with entity formation, corporate authorizations and preparation of low income housing tax credit applications to the Alabama Housing Finance Authority.

      Middle Tennessee Medical Center

      Real Estate contracts, construction and design contracts, MOB ground leasing and easement drafting for regional hospital in Murfreesboro, TN.

      Motion to expunge a lien lis pendens

      Successfully filed a motion to expunge a lien lis pendens filed on property owned by a California real estate developer in Shelby County Chancery Court.

      National leasing counsel to international software corporation

      Serves as national leasing counsel to international software with over 8 million square feet of office space.

      Negotiation and drafting of leases

      Negotiated and drafted leases for corporate headquarters and regional offices.

      Negotiation of $28.5 million contract to purchase new office building

      Negotiation of a $28.5 million contract to purchase new office building in Palm Beach Gardens, Florida.

      Negotiation of a $50 million advance commitment to purchase large retail project

      Negotiation of a $50 million advance commitment by client to purchase large retail project in Fredericksburg, Maryland.

      Negotiation of commercial real estate and oil and gas leases

      Representation of clients in the negotiating of commercial real estate leases and oil and gas leases.

      Negotiation of new leases

      Representation of merchant banking firm in the negotiation of new leases for property in Nashville, Tennessee.

      Numerous dispositions of office buildings for a foreign investment group

      Representation in numerous dispositions of office buildings, including one in Washington D.C., two in Dallas, one in Orlando and one in Phoenix.

      Obtain improved access from TN DOT

      Represented owner of hotel whose access drive was being significantly impaired by Tennessee Department of Transportation road project to obtain improved access drive location.

      Office Property Investment

      Representation of an investor for purchase of two trophy office properties valued at more than $220 million in Phoenix/Scottsdale and on North Michigan Avenue in Chicago.

      Outside Counsel to Corporate Client

      Ongoing representation of a corporate client providing financing to physicians for acquisitions of interests in ambulatory surgery centers throughout the United States.

      Payment in Lieu of Tax Agreements and other Incentives

      Represented companies on projects recently in Tennessee, Alabama, Georgia, Indiana, and Texas.

      Permanent lending

      Representation of life insurance companies and other permanent lenders in making loans secured by office, industrial and retail properties in Nashville, Middle Tennessee and in other parts of the country.

      Property tax abatement

      Represented industry in obtaining property tax abatement for $84,000,000 manufacturing facility.

      Purchase of approximately $8,000,000 in low-income housing tax credits

      Represented a tax credit investor in connection with the purchase of approximately $8,000,000 in low-income housing tax credits in a multi-family housing project of 365-units being developed in Atlanta, Georgia.

      Purchase of office building in Florida

      Representation in the purchase of a Trophy Office Building in Boca Raton, Florida.

      Representation of Lionstone Group

      Representation of Houston-based investment fund in its acquisition and development of urban infill sites in Nashville, including zoning and entitlement issues, and other development activity.

      Representation of private equity real estate investors

      Representation of private equity firms that raise equity from investors for real estate investment. Assisted one client with the acquisition of a series of apartment projects across the Southeast and Midwest, including project financing of each acquisition. Represented a Midwestern firm in acquiring large industrial properties across the Southeast as well as an industrial park in Hammond, Louisiana, and a suburban office park in Montgomery, Alabama.

      Represented a developer in obtaining rezoning of its property

      Represented a developer in obtaining rezoning of its property for use in a residential development of more than 140 homes.

      Represented a local religious congregation

      Represented a local religious congregation before the Hoover Zoning Board of Adjustment and Hoover City Council in successfully obtaining a variance and a conditional use permit for property to be used for religious purposes.

      Represented a retail/residential property owner

      Represented a retail/residential property owner in the favorable settlement of the condemnation of a downtown commercial/loft property as part of an urban renewal project.

      Represented a variety of clients with regard to wetlands regulations compliance

      Represented a variety of clients with regard to wetlands regulations compliance, permitting for structures on navigable waters, and property rights with respect to “antiquities” and archeological finds under state regulations.

      Represented Defendant in Fraud, Breach of Contract and Tennessee Consumer Protection Act Claim

      Represented defendant in fraud, breach of contract and Tennessee Consumer Protection Act claim arising from sale of real estate; obtained directed verdict on fraud and Tennessee Consumer Protection Act claims and jury found that our client did not breach the contract. After the jury verdict, the Court awarded our client his attorney’s fees in defending the lawsuit.

      Represented landowner/developer in two separate challenges to rezoning in State and Federal courts

      Represented the landowner and developer of a site planned for development of a Publix grocery store in two separate challenges to the rezoning of the site filed in state and federal courts. The state court challenge was dismissed pursuant to a mediated settlement, and the federal court challenge was dismissed pursuant to a contested motion to dismiss.

      Represented Plaintiff Commercial Landlord

      Represented plaintiff commercial landlord in effort to unwind fraudulent commercial real estate transaction; utilized forensic document examination expert and obtained favorable settlement through mediation.

      Represented Plaintiff in Adverse Possession Action

      Represented plaintiff in adverse possession action relating to the sale of hundreds of acres to a developer. After a bench trial, the court found that our client had adversely possessed the subject real estate and transaction went forward.

      Sale of Georgia State Housing Tax Credits

      Lead counsel to a private equity firm in the sales transaction of $7,000,000+ of 2010 Georgia State Housing Tax Credits to a large corporate investor.

      Site rezoning for development of 80 acres as mixed use development

      Secured the rezoning of an 80 acre site for development as a 1.8 million square foot mixed use development, including retail, office, residential, hotel and other land uses.

      Siting of 150 foot monopine

      Represented wireless telecommunications carrier in siting of 150 foot monopine in planned unit development located adjacent to residential neighborhood.

      Tax incentives for automotive manufacturer

      Represented automotive manufacturer in obtaining state and local tax incentives for $250,000,000 engine manufacturing facility.

      Tax incentives for call center

      Represented receivables management company in obtaining property tax abatement for $5,750,000 call center.

      Title issues and title insurance

      Worked on title issues and wrote title insurance on many large projects across the State.

      Transition of business ownership

      Assistance with a number of different businesses as retiring shareholders transferred their ownership to minority shareholders, senior management or third parties, including counseling on related financial and personal issues, often working with estate planning attorneys to fit this transaction into an overall estate plan.

      West Tennessee Regional Megasite

      Land assembly of over 3,800 acres in West Tennessee for the creation of an “industrial megasite.” Chloe assisted partner Tom Trent in obtaining all governmental approvals necessary to acquire the site, working closely with the Department of Economic and Community Development. Her role included coordination of the simultaneous closing on lands owned by 15 different entities, together with the termination of crop farm leases and the negotiation of new farm leases while the site is in the development stage.

      Work outs and foreclosure of numerous retail loans

      Have represented lenders in realizing on their collateral or resolving disputes across the State of Tennessee.

      Work-Out of Troubled Low Income Housing Tax Credit Projects

      Restructuring of debt and equity documents among numerous low income housing tax credit projects.

      R&G, LLC v. RCH IV-WB, LLC, 122 So. 3d 1253 (Ala. 2013)

      Successfully defended a post-foreclosure deficiency judgment for a commercial mortgage.

      Real Estate Litigation

      • Successfully represented a private landowner in a dispute before a municipality relating to an easement with respect to utilities.
      • Represented NRG Energy, a NYSE-listed energy company, in an action brought in Fort Bend County, Texas by a landowner who claimed to have an easement over property owned by NRG.

      1212 Laurel

      Served as general counsel to the developers of a high-rise luxury condominium project, including the negotiation of both mezzanine and senior bank financing.

      222 Second Avenue

      Served as lead Tennessee counsel to Hines in the development of a new 25-story office/retail project in downtown Nashville.

      3322 West End Office Building

      Assisted a local developer in acquiring this suburban office building from Aid Association for Lutherans, negotiating new leases, and then reselling it.

      Germantown Apartment Project

      Represented the developer of a new apartment project in the Germantown neighborhood in Nashville.

      Real Estate

      Bayer v. Saks

      Dispute over covenant in real estate transaction.

      Davie v. Jefferson County

      Condemnation case

      De Nora Tech, Inc. v. BRAL Holdings, LLC, et. al. , CV-08-672 (N.D. Ala. April 15, 2008).

      Real estate seller brought specific performance action against purchaser for failure to perform certain obligations under the contract, including compliance with state environmental regulations. Obtained rescission of the contract and a $1,000,000.00 judgment against the company and the individual owners following summary judgment.

      ISK Tecknologies, Inc. v. EnersysDelaware, Inc., et al.

      Successful negotiations and settlement of a claim involving lead and acid damage to a manufacturing plant and real property in Alabama.

      Condemnation Action

      Obtained several hundred percent increase in original offer in condemnation action by utility.

      Construction of Quarries

      Represent several clients in relation to construction of quarries.

      Fair Housing Issues

      Work with municipalities on Fair Housing Issues and issues raised by the Department of Housing and Urban Development.

      Advised Daniel Realty Company in the formation and capitalization of a joint venture with Evson, Inc. to build the Lane Parke development in Mountain Brook, Alabama

      Lease Agreement

      Negotiated terms of restaurant lease.

      Lease Dispute

      Won partial summary judgment enabling tenant in an industrial building to win a favorable settlement.

      Partition Actions

      Represented two entities in Partition actions.

      Real Estate Dispute

      Assist local companies in convincing City of Birmingham not to condemn their properties for a Stadium. Stadium will go elsewhere saving the client’s property AND increasing the value of the property going forward.

       

      Real Estate Purchase Contracts

      Assist company on claims relating to failure to build in real estate purchase contracts.

      Settlement

      Recover favorable settlement from title insurer on behalf of landowner after title insurer failed to defend landowner in underlying case.

      Spirit Financial

      Represent Nationwide Owner of Commercial Real Estate in several landlord/tenant disputes in Alabama, and Mississippi.

      Theft Claim

      Represent client in theft of timber claim.

      Vestavia Annexation Petition

      Worked for local professional services firm to oppose annexation.

      Notasulga Quarry Re-Zoning

      Work to establish new zoning

      Subdividing Property and Re-permitting

      Assist Mueller Water Products in subdividing property and re-permitting several sites in Bessemer and North Birmingham, Alabama. Including, but not limited to, RCRA Post Closure Permitting.

      Renaissance Hotel

      Counsel to the Ashford Hospitality REIT in connection with its ownership of the Renaissance Hotel in Nashville and its negotiation with the adjoining property owners in a major redevelopment of the former Nashville Convention Center.

      Representation of United Methodist Agencies

      Served as senior advisor to the United Methodist Publishing House in the sale of its seven-acre headquarters property, across from the Music City Convention Center, in four separate transactions, which included two sales to the developer of Westin and JW Marriott hotels.

      Zoning for Long Wall Coal Mining Operations

      Represented a long wall coal mine operator in securing a use variance for the installation of a Twin shaft ventilation system, necessary for the expansion and continuation of the mining operation. The approval was appealed by adjacent land owners to the State Circuit Court. The appeal was dismissed on a contested motion to dismiss.