Development, Zoning and Land Use

Development, Zoning and Land Use

Development

We recently represented the developer of an outlet mall in Kentucky in a complex transaction.

The project involved the aggregation of a number of parcels owned by different sellers. Utility lines had to be relocated, a large pond on the site had to be drained and replaced with a detention facility acceptable to the Army Corps of Engineers, and land needed to be swapped with a local government agency for the vacation and relocation of a main access road.

Following the land acquisition, we assisted the developer in forming a joint venture to take the project through construction and operation.

Zoning and Land Use

When one of New York’s prominent real estate families was approached by a condo/hotel developer to sell the unused development rights above its high-rise rental building on Central Park South, they turned to us. The developer intends to use the development rights to construct what should become one of the tallest towers in NYC. We were able to negotiate the sale of the air rights at a record-breaking price while putting into place a zoning lot development agreement that would allow the client to continue to operate its building with minimal interference from the new tower.

A religious group recently faced major hurdles in expanding its facility, which was located in an unincorporated area. We helped the group identify three nearby municipalities it might join in order to accomplish the proposed expansion, then represented it in negotiating an annexation agreement with the chosen municipality. With our assistance, the client secured preliminary approval for its expansion project together with the rights to recapture tap fees from future users of a newly installed sewer line. The expansion project is currently underway.