Real Estate

OVERVIEW

For more than 75 years, Strasburger’s Real Estate Team has provided a comprehensive range of legal services to a variety of respected regional and national organizations, including developers, investors, financial institutions, insurance companies, and business users in healthcare, retail, hospitality and other industries.

When the challenge calls for it, our group combines its thorough knowledge of real estate concerns with the specific expertise of Strasburger’s tax, estate planning, environmental, construction, municipal and/or bankruptcy attorneys. This integrated team serves as a full-service resource for nearly any real estate-based legal need, including:

  1. To learn how Strasburger can help you acquire or dispose of office, retail, industrial, multi-family, hospitality/hotel, ranch/farm, asset (marina/golf), producing properties, raw land, and/or mineral rights, click here.
  1. To learn how Strasburger can help you navigate the development process for condominiums, mixed-use, planned unit, planning & zoning, subdivision & platting, and construction contracts, click here.
  1. To learn how Strasburger can help you develop the most beneficial entity – corporation, general partnership, joint venture, limited liability company, limited partnership, non-profit corporation, etc. – for your real estate project, click here.
  1. To learn how Strasburger can help you address due diligence and contractual risk mitigation, Brownfields remediation & development; species, habitat and wetlands permitting and development; project environmental auditing, compliance and enforcement defense, click here.
  1. To learn how Strasburger can help you negotiate the best industrial and warehouse, mixed-use development, office, retail, and/or ground leases, click here.
  1. To learn how Strasburger can help you secure the best construction loans, permanent loans, equity participation loans, mezzanine financing, or evaluate owner occupied secured lending,  investment secured lending, address creditor’s rights or loan restructuring, click here.
  1. To learn how Strasburger can help you address commercial landlord/tenant disputes, contractual disputes, construction, condemnation, mortgage-related issues, click here. 
  1. To learn how Strasburger can help you with annexation, economic incentives, entitlements, platting, tax abatement or zoning concerns, click here.
  1. To learn how Strasburger can help you with all aspects of real estate debt restructuring, workouts, and bankruptcy reorganizations and liquidations, click here.
  1. To learn more about Strasburger’s niche expertise, e.g., ad valorem tax, state franchise tax, federal income tax, property management contracts, title curative matters, title insurance, broker representation, electric transmission line routing, click here.

Strasburger’s Real Estate Team is known for being responsive, honest, and straightforward. We spend time listening and getting to know the people and companies we work with, so that we can more effectively manage their challenges and help them capitalize on potential opportunities. We continually strive to educate, communicate, and guide our clients, to build the level of trust and comfort they need to be fully confident in their real estate decisions.

To learn more, please contact the Real Estate Team chair, Jim Cameron.

EXPERIENCE

Strasburger’s real estate attorneys have experience handling the following matters:

ACQUISITIONS AND DISPOSITIONS 

  • Represented a REIT in connection with the acquisition of luxury multifamily properties in Texas, Arizona, Colorado, Florida, Georgia, North Carolina and Tennessee
  • Represented an international investor on the purchase of more than $50,000,000 of office buildings in Austin
  • Represented an owner in partitioning over 300,000 acres of ranchland
  • Represented a non-profit corporation in connection with the sale of an office building in Dallas
  • Represented a retail owner in connection with the sale of raw land in Texas with a build-to-suit lease for construction of a retail store and leaseback by the retail owner from a developer
  • Represented a large distributor in connection with the acquisitions of other companies, involving multiple manufacturing facilities in multiple states
  • Represented a seller in connection with the sale of various manufacturing facilities in Corpus Christi, San Antonio, Waco, and Dallas
  • Counseled a major national company in the reorganization of real estate holdings and mineral interests in 15 states
  • Represented oil and gas companies in numerous multimillion dollar transactions for the purchase and sale of oil and gas leases and producing properties
  • Represented land owners in numerous agreements to sell produced groundwater to oil and gas operators for drilling, fracking and operations
  • Represented the owner of groundwater rights in a structured sale of ownership rights
  • Served as lead counsel for purchaser of a $79M, fifteen property industrial portfolio in Dallas and Tarrant Counties, including the assumption of three loans and the use of 1031 exchange funding
  • Served as lead counsel for purchase of resin plant in Florida including ground lease, put option and land use issues
  • Represented of Houston/Dallas-based company in acquisition and disposition of over two million square feet of retail and office properties
  • Represented of British-based hotel company in acquisition and disposition of major hotel portfolio in multiple cities in Texas
  • Assisted in purchase of property at McKinney airport
  • Represented a publicly traded Japanese corporation in the acquisition of a parcel of land for the development of a large manufacturing facility
  • Represented client in the acquisition, financing, and later with the disposition of 12 skilled nursing facilities
  • Represented the largest shareholder of company in the disposition of hotel portfolio with hotel properties located throughout the United States
  • Represented large financial institution in the acquisition of property for the construction of a corporate campus
  • Represented client in the disposition of 27 convenience stores located throughout Texas
  • Represented three undivided interest holders in the sale of a $27 million ranch property

DEVELOPMENT

  • Represented a national nonprofit corporation in the financing, development and construction of a Houston area multi-family project
  • Represented Texas subdivision developer-homebuilder in purchase, development, & master restriction of multiple large master planned communities, and sale of commercial acreage for development
  • Represented a client in the entitlement, development, and construction process of its 270,000 square foot corporate headquarters in a master planned project in Austin
  • Represented a real estate developer in connection with the purchase and subsequent development and sale of over 400 acres of undeveloped property and remaining lot inventory in a partially developed master-planned community surrounding a golf course in a Dallas suburb
  • Represented developer in connection with development and sale of several hundred residential lots in multiple phases in Tarrant County, TexaS
  • Represented landowner in the sale of large property to national developer and the development of a frontage road, entrance ramp, and an exit ramp adjacent to the property
  • Represented developer of retail shopping center anchored by a national retailer in the acquisition, financing, and development of the project, including ground leases and pad site sales
  • Represented a municipality in connection with a downtown redevelopment project involving a public-private partnership for construction of a convention center hotel and parking garage
  • Represented a local charter school in the financing and development of a major campus expansion
  • Represented Houston-based real estate investment firm in connection with the construction, leasing and development of CityCentre, a 36-acre mixed use development in Houston, containing office, retail and residential space, including formation of multiple vehicles with third-party equity investors, multiple construction loans with various syndicated lenders, and more than 250,000 square feet of office and retail leases

LEASING

  • Represented a major insurance agency in connection with headquarters and regional office leases totaling in excess of 100,000 square feet
  • Represented a publicly traded client on a more than 100,000 square foot office lease in Austin
  • Represented landlord in numerous leases for industrial spaces totaling over 350,000 square foot
  • Represented a landlord in a lease of 129,000 square foot building to a check processing company in San Antonio, Texas
  • Represented building owner in 100,000 square foot lease to an offshore oil and gas contractor
  • Represented large real estate and investment trust in connection with complex relocation of prominent national law firm into approximately 75,000 square feet of space in downtown Austin
  • Represented a Houston developer in connection with approximately 335,000 square foot lease to be used for company’s new corporate headquarters in Houston
  • Represented large real estate and investment trust in connection with leases for over 100,000 square feet in multiple suburban Austin office projects
  • Represented an international energy company in connection with the restructuring of more than 2,000,000 square feet of office space located in downtown Houston
  • Represented nonprofit chain in connection with over 300,000 square feet of leasing of retail and donation center space in Houston
  • Represented a Houston developer in connection with approximately 280,000 square foot lease to international chemical company for a building in energy corridor in Houston
  • Represented insurance brokerage company in connection with the leasing of approximately 75,000 square feet of space in Houston
  • Represented a major healthcare provider in leasing medical office space aggregating approximately 50,000 square feet in a medical office building in the Dallas metroplex
  • Represented a healthcare company in multiple leases of privately owned surgical hospitals in multiple cities throughout Texas
  • Represented a healthcare company in master leasing a building, then subleasing medical office space to various subtenants in a medical office complex in the Dallas metroplex
  • Represented a healthcare company in leasing medical offices and surgery centers in several medical complexes in the Dallas area
  • Represented a physicians group in leasing an imaging center in a hospital complex in the Dallas area
  • Represented a group of orthopedic surgeons in leasing medical office space and a medical treatment facility in a medical complex in Austin

FINANCING

  • Represented a borrower in connection with the permanent refinancing of a loan secured by multiple apartment complexes in Texas and other states
  • Represented lender in loan secured by 88 properties located in multiple states
  • Advised a non-profit corporation in loan negotiations related to the purchase of headquarters in Dallas
  • Represented a developer in connection with acquisition and construction loans in connection with development of major distribution centers for an international package delivery service
  • Represented lender in $25 million loan facility to an oil and gas storage company secured by real estate
  • Represented lender in connection with a $10 million loan to a major restaurant chain with over 50 locations
  • Represented lender in multiple loans to doctor groups to finance the development of surgical centers, dialysis centers and free standing emergency departments
  • Represented borrowers in real estate financing transactions, including mortgage and mezzanine acquisition loans and refinancings
  • Represented an out-of-state mortgage lender in the foreclosure of a partially constructed shopping center project
  • Represented developer in acquisition through foreclosure of partially completed multi-million dollar residential development in Houston area
  • Represented client with respect to $130,000,000 subscription line loan used for development of a high-rise condominium project
  • Represented a borrower in connection with a $38,000,000 operating loan secured by multiple pieces of real property

LITIGATION

Commercial Landlord/Tenant Disputes

  • Represented mineral owners in disputes with mineral co-tenants
  • Represented shopping center in recovering past due rentals from tenants
  • Represented shopping center in evicting tenants in default
  • Represented shopping center in recovering past due rent in tenant’s bankruptcy
  • Advised on actions for determination of landlord’s rights under lease
  • Represented landlord in holding transferee of tenant’s assets liable for rent under lease
  • Represented landlord in lockout and seizure of tenant’s assets

Developer & Other Litigation

  • Represented oil and gas companies in trespass and damage suits against companies disposing of salt water and produced water
  • Successfully defeated efforts to impose use restrictions within shopping center
  • Successfully represented landlord in enforcement of use restrictions in a shopping center lease
  • Obtained declaratory judgment on behalf of property owner of favorable interpretation of deed restrictions
  • Successfully defended suit for specific performance on the failed sale of a pad site within a shopping center

Neighboring Landowner Disputes

  • Represented landowner whose fence line had established boundary
  • Represented landowner to determine which of two surveys governed boundary
  • Represented landowner who had superior record title establishing boundaries of property
  • Represented landowner claiming title to land within his fence by adverse possession
  • Represented landowner in water encroachment dispute and corporation in noxious fumes dispute
  • Represented landowner against neighbor who built fence on client’s property
  • Represented landowner to determine scope and effect of easement

ZONING & LAND USE

  • Represented the City of Grand Prairie in litigation regarding the applicability of the “suburban golf course” statute to the Great Southwest Golf Club
  • Represented two North Dallas neighborhood groups opposing more intense residential redevelopment of an aging condominium complex
  • Represented opponents of a proposed skybridge in Preston Center before the Board of Adjustment, City Plan & Zoning Commission, and City Council
  • Represented an Oak Lawn high-rise condominium association in negotiating about a zoning change and variances for a nearby office/ residential project
  • Represented a Richardson data center in negotiating an agreement concerning a nearby multifamily development
  • Represented a South Dallas private school in seeking the closure of a nearby nonconforming motel through the Dallas Board of Adjustment
  • Represented a North Dallas neighborhood group in negotiating zoning for a private school, with backup zoning for residential, office, and retail uses
  • Represented an Austin-area rancher in obtaining a $7 million eminent domain judgment arising from the development of State Highway 130
  • Represented an institutional landowner in the agreed resolution of a zoning application for the Baylor University Medical Center
  • Challenged the consideration of an Addison charter amendment adversely affecting the zoning and land use rights of a firm client
  • Represented a community-based bank in opposing the proliferation of sexually-oriented businesses and other noxious uses in the Bachman Lake area of Dallas. This multifaceted representation involved close liaison with various City departments, representation before City boards, and the monitoring and pursuit of numerous lawsuits
  • Represented the City of Dallas in eminent domain proceedings to acquire land needed for the American Airlines Center and related thoroughfare improvements
  • Represented a shopping center developer in obtaining decertification of an unused portion of a historic cemetery in a Fort Worth suburb
  • Represented an Oak Cliff neighborhood association to negotiate an agreed resolution of a zoning case. The groundbreaking “win-win” solution negotiated by the firm gave the developer zoning for a senior housing facility and small retail center in exchange for donation of a 111-acre nature preserve adjacent to the development
  • Represented a coalition of fourteen neighborhood associations, churches, and schools in negotiating an agreed resolution of a zoning case involving an office, retail, and multifamily development on a centrally-located vacant 40-acre tract in North Dallas

ENTITY FORMATION

  • Represented an investor in a joint venture to construct a mixed-used project in the West Campus area of Austin
  • Represented a U.S. oil and gas company in negotiating international joint operating agreements for exploration in Columbia, South America
  • Represented a natural gas liquids pipeline company in negotiating a joint venture to build cross border (Mexico) NGL pipelines
  • Represented a developer in formation of limited partnerships for real estate development projects
  • Represented an investment group in the formation of limited partnerships for investments in student housing projects
  • Represented a REIT in connection with investments in partnerships for development of student housing projects
  • Represented a developer in formation of development partnership and homeowners association for gated residential community
  • Represented a Canadian investment firm in the formation of a real estate investment trust for acquisition of multi-family projects in the United StateS
  • Represented a municipality in the creation of a local government corporation for a redevelopment project
  • Represented a developer in connection with the formation of entities for the acquisition, development and leasing of a single-family residential rental subdivision

ENVIRONMENTAL

Counseling, Remediation & Transactional

  • Provided environmental diligence for portfolios of industrial facilities, including pre‐purchase compliance audits, post‐closing agency disclosures, permits and corrections
  • Provided environmental diligence for nation‐wide M&A of automotive repair facilities
  • Provided environmental diligence and risk analysis for national portfolios of REIT sale/lease‐back commercial and industrial properties
  • Directed pre‐purchase vapor intrusion risk analysis and post‐closing mitigation for portfolio of industrial facilities
  • Designed retail‐returns/hazardous waste disposal program for national waste disposal company
  • Complex remediation and redevelopment of contaminated site for mixed‐use and residential projects
  • Obtained City‐enforced groundwater deed restrictions for solvent and petroleum‐contaminated facilities, including participation agreements and trespass settlements with adjacent properties

Enforcement Defense

  • Coordinated defense of agency enforcement case with multi‐state compliance audits to secure penalty immunity for potentially related violations at sister facilities
  • Defended criminal environmental charges against manufacturing facilities and individual managers
  • Defended municipal waste utility in judicial suit by the Department of Justice and EPA
  • Negotiated multi‐state air permit compliance audits and penalty immunity, including coordinated settlements with Cal‐EPA and US DOJ
  • Represented Fortune 50 aviation company in industry‐wide EPA enforcement initiative, resulting in an administrative settlement and nominal penalty

BANKRUPTCY & RESTRUCTURING

  • Represented lenders and landlords in a wide range of industries in protecting and preserving real and personal property in bankruptcies and in workouts
  • Advised a national lender and servicer with real estate portfolios on numerous matters in the resolution of title issues and title litigation
  • Represented a real estate group in the acquisition of assets out of bankruptcy cases
  • Represented numerous judgment creditors in collecting real and personal property to satisfy debt
  • Represented debtor-in-possession in Chapter 11 case involving an indoor shopping mall
  • Represented debtors, creditors, landlords, tenants and acquirers in real estate cases involving master planned communities, major shopping centers, multifamily, residential, retail and commercial development, and construction companies
  • Represented several commercial contractors in their restructuring efforts
  • Represented bankruptcy trustee, as special counsel charged with investigating and unraveling a multimillion dollar Texas real estate Ponzi scheme
  • Represented lenders in obtaining relief from automatic stay to foreclose on real property
  • Defended a large national residential real estate company and its agents/ brokers against various E&O related claims in state courts in Texas
  • Represented clients objecting to a purchase of operating assets of a bankrupt nursery through a “363” sale
  • Represented a landlord and owner of real property in obtaining termination of lease agreement with a lessee dry cleaner in a Chapter 11 bankruptcy
  • Represented a national self-storage chain in obtaining termination of lease of storage space of a debtor in a bankruptcy

RELATED AREAS

Tax Strategies

  • Represented office building owner in reverse 1031 exchange involving multiple other office buildings
  • Represented owner of industrial property in 1031 exchange involving sale and acquisition of tenant in common interests in retail properties
  • Represented foreign investors with structuring of U.S. real estate investment
  • Counsel clients on Texas franchise tax issues including consolidated group issues in purchase and sale transactions

Title & Survey Issues

  • Represented lender in establishing lender’s lien priority and determination of inferiority of mechanic’s and materialmen’s liens and other competing liens
  • Represented lender to preserve interest in real property in fraudulent transfer matter
  • Represented lender in establishing interest in real property subject to probate
  • Represented developer in resolution of adverse possession claims allowing for sale of property

Regulatory Agency Expertise

  • Represented owners of large land holdings in Public Utility Commission of Texas proceedings on the routing of high-voltage electric utility lines

BLOG

NEWSLETTER

Weathered wooden barrel with a bright Texas flag painted on the front

Texas Agritourism Act Puts a Cork in Liability for Vineyards

Written by Alex McLean on May 5, 2016

With 350 wineries and over 4,000 acres of producing vineyards, Texas’ wine business is booming.[i] Not only are Texas wine producers making a lot of wine—the state now ranks fifth in American wine production—but they also are attracting a growing number of visitors.[ii] Over 1.6 million visitors to Texas wineries have learned about the grapes, Read More…


Constance Courtney Westfall

Connie Westfall Navigates Environmental Consciousness of Residents, Corporations

Written by Constance Courtney Westfall on July 2, 2015

As appears on Houston Public Media One spring morning in downtown Houston, the state of Texas was holding a public hearing. A waste disposal company was asking for a state permit so the company could expand its landfill in northwest Houston. People who live nearby had concerns. Connie Westfall is an attorney hired by some Read More…


The Texas Legislature May Just Have Rewritten your Real Estate Loans

Written by Stephen A. Roberts on June 24, 2011

ATTENTION LENDERS, LANDLORDS AND COMMERCIAL TENANTS: The Texas legislature just rewrote all real estate loan documents in Texas which include an assignment of rents to the lender (and almost all commercial real estate loans do) when it passed the new Chapter 64 of the Texas Property Code. The Governor signed the bill on June 17, Read More…


When Your Commercial Tenant Faces Bankruptcy: A Primer for Landlords

Written by Stephen A. Roberts on November 11, 2010

The Bankruptcy Code contains a number of provisions specific to nonresidential leases. When the prospect of a tenant’s bankruptcy arises, a landlord should have a basic understanding of these provisions and prepare to move diligently to protect its rights and minimize harm. In bankruptcy, a creditor who sleeps on its rights often loses them. As Read More…


When Your Bank Tenant Fails: Understanding the Pitfalls of FDIC Receivership

Written by Beth Pace Tiggelaar on March 8, 2010

With bank analysts predicting even more bank failures in 2010 than in 2009, landlords of bank tenants may likely feel nervous. Unlike other commercial tenants, failing banks are not subject to the provisions of the Bankruptcy Code. Instead, they are subject to the FDIC receivership process, which affords far fewer protections to landlords. Understanding the Read More…


MEDIA

HONORS

For more than 75 years, Strasburger’s Real Estate Team has provided a comprehensive range of legal services to a variety of respected regional and national organizations, including developers, investors, financial institutions, insurance companies, and business users in healthcare, retail, hospitality and other industries.

When the challenge calls for it, our group combines its thorough knowledge of real estate concerns with the specific expertise of Strasburger’s tax, estate planning, environmental, construction, municipal and/or bankruptcy attorneys. This integrated team serves as a full-service resource for nearly any real estate-based legal need, including:

  1. To learn how Strasburger can help you acquire or dispose of office, retail, industrial, multi-family, hospitality/hotel, ranch/farm, asset (marina/golf), producing properties, raw land, and/or mineral rights, click here.
  1. To learn how Strasburger can help you navigate the development process for condominiums, mixed-use, planned unit, planning & zoning, subdivision & platting, and construction contracts, click here.
  1. To learn how Strasburger can help you develop the most beneficial entity – corporation, general partnership, joint venture, limited liability company, limited partnership, non-profit corporation, etc. – for your real estate project, click here.
  1. To learn how Strasburger can help you address due diligence and contractual risk mitigation, Brownfields remediation & development; species, habitat and wetlands permitting and development; project environmental auditing, compliance and enforcement defense, click here.
  1. To learn how Strasburger can help you negotiate the best industrial and warehouse, mixed-use development, office, retail, and/or ground leases, click here.
  1. To learn how Strasburger can help you secure the best construction loans, permanent loans, equity participation loans, mezzanine financing, or evaluate owner occupied secured lending,  investment secured lending, address creditor’s rights or loan restructuring, click here.
  1. To learn how Strasburger can help you address commercial landlord/tenant disputes, contractual disputes, construction, condemnation, mortgage-related issues, click here. 
  1. To learn how Strasburger can help you with annexation, economic incentives, entitlements, platting, tax abatement or zoning concerns, click here.
  1. To learn how Strasburger can help you with all aspects of real estate debt restructuring, workouts, and bankruptcy reorganizations and liquidations, click here.
  1. To learn more about Strasburger’s niche expertise, e.g., ad valorem tax, state franchise tax, federal income tax, property management contracts, title curative matters, title insurance, broker representation, electric transmission line routing, click here.

Strasburger’s Real Estate Team is known for being responsive, honest, and straightforward. We spend time listening and getting to know the people and companies we work with, so that we can more effectively manage their challenges and help them capitalize on potential opportunities. We continually strive to educate, communicate, and guide our clients, to build the level of trust and comfort they need to be fully confident in their real estate decisions.

To learn more, please contact the Real Estate Team chair, Jim Cameron.

EXPERIENCE

Strasburger’s real estate attorneys have experience handling the following matters:

ACQUISITIONS AND DISPOSITIONS 

  • Represented a REIT in connection with the acquisition of luxury multifamily properties in Texas, Arizona, Colorado, Florida, Georgia, North Carolina and Tennessee
  • Represented an international investor on the purchase of more than $50,000,000 of office buildings in Austin
  • Represented an owner in partitioning over 300,000 acres of ranchland
  • Represented a non-profit corporation in connection with the sale of an office building in Dallas
  • Represented a retail owner in connection with the sale of raw land in Texas with a build-to-suit lease for construction of a retail store and leaseback by the retail owner from a developer
  • Represented a large distributor in connection with the acquisitions of other companies, involving multiple manufacturing facilities in multiple states
  • Represented a seller in connection with the sale of various manufacturing facilities in Corpus Christi, San Antonio, Waco, and Dallas
  • Counseled a major national company in the reorganization of real estate holdings and mineral interests in 15 states
  • Represented oil and gas companies in numerous multimillion dollar transactions for the purchase and sale of oil and gas leases and producing properties
  • Represented land owners in numerous agreements to sell produced groundwater to oil and gas operators for drilling, fracking and operations
  • Represented the owner of groundwater rights in a structured sale of ownership rights
  • Served as lead counsel for purchaser of a $79M, fifteen property industrial portfolio in Dallas and Tarrant Counties, including the assumption of three loans and the use of 1031 exchange funding
  • Served as lead counsel for purchase of resin plant in Florida including ground lease, put option and land use issues
  • Represented of Houston/Dallas-based company in acquisition and disposition of over two million square feet of retail and office properties
  • Represented of British-based hotel company in acquisition and disposition of major hotel portfolio in multiple cities in Texas
  • Assisted in purchase of property at McKinney airport
  • Represented a publicly traded Japanese corporation in the acquisition of a parcel of land for the development of a large manufacturing facility
  • Represented client in the acquisition, financing, and later with the disposition of 12 skilled nursing facilities
  • Represented the largest shareholder of company in the disposition of hotel portfolio with hotel properties located throughout the United States
  • Represented large financial institution in the acquisition of property for the construction of a corporate campus
  • Represented client in the disposition of 27 convenience stores located throughout Texas
  • Represented three undivided interest holders in the sale of a $27 million ranch property

DEVELOPMENT

  • Represented a national nonprofit corporation in the financing, development and construction of a Houston area multi-family project
  • Represented Texas subdivision developer-homebuilder in purchase, development, & master restriction of multiple large master planned communities, and sale of commercial acreage for development
  • Represented a client in the entitlement, development, and construction process of its 270,000 square foot corporate headquarters in a master planned project in Austin
  • Represented a real estate developer in connection with the purchase and subsequent development and sale of over 400 acres of undeveloped property and remaining lot inventory in a partially developed master-planned community surrounding a golf course in a Dallas suburb
  • Represented developer in connection with development and sale of several hundred residential lots in multiple phases in Tarrant County, TexaS
  • Represented landowner in the sale of large property to national developer and the development of a frontage road, entrance ramp, and an exit ramp adjacent to the property
  • Represented developer of retail shopping center anchored by a national retailer in the acquisition, financing, and development of the project, including ground leases and pad site sales
  • Represented a municipality in connection with a downtown redevelopment project involving a public-private partnership for construction of a convention center hotel and parking garage
  • Represented a local charter school in the financing and development of a major campus expansion
  • Represented Houston-based real estate investment firm in connection with the construction, leasing and development of CityCentre, a 36-acre mixed use development in Houston, containing office, retail and residential space, including formation of multiple vehicles with third-party equity investors, multiple construction loans with various syndicated lenders, and more than 250,000 square feet of office and retail leases

LEASING

  • Represented a major insurance agency in connection with headquarters and regional office leases totaling in excess of 100,000 square feet
  • Represented a publicly traded client on a more than 100,000 square foot office lease in Austin
  • Represented landlord in numerous leases for industrial spaces totaling over 350,000 square foot
  • Represented a landlord in a lease of 129,000 square foot building to a check processing company in San Antonio, Texas
  • Represented building owner in 100,000 square foot lease to an offshore oil and gas contractor
  • Represented large real estate and investment trust in connection with complex relocation of prominent national law firm into approximately 75,000 square feet of space in downtown Austin
  • Represented a Houston developer in connection with approximately 335,000 square foot lease to be used for company’s new corporate headquarters in Houston
  • Represented large real estate and investment trust in connection with leases for over 100,000 square feet in multiple suburban Austin office projects
  • Represented an international energy company in connection with the restructuring of more than 2,000,000 square feet of office space located in downtown Houston
  • Represented nonprofit chain in connection with over 300,000 square feet of leasing of retail and donation center space in Houston
  • Represented a Houston developer in connection with approximately 280,000 square foot lease to international chemical company for a building in energy corridor in Houston
  • Represented insurance brokerage company in connection with the leasing of approximately 75,000 square feet of space in Houston
  • Represented a major healthcare provider in leasing medical office space aggregating approximately 50,000 square feet in a medical office building in the Dallas metroplex
  • Represented a healthcare company in multiple leases of privately owned surgical hospitals in multiple cities throughout Texas
  • Represented a healthcare company in master leasing a building, then subleasing medical office space to various subtenants in a medical office complex in the Dallas metroplex
  • Represented a healthcare company in leasing medical offices and surgery centers in several medical complexes in the Dallas area
  • Represented a physicians group in leasing an imaging center in a hospital complex in the Dallas area
  • Represented a group of orthopedic surgeons in leasing medical office space and a medical treatment facility in a medical complex in Austin

FINANCING

  • Represented a borrower in connection with the permanent refinancing of a loan secured by multiple apartment complexes in Texas and other states
  • Represented lender in loan secured by 88 properties located in multiple states
  • Advised a non-profit corporation in loan negotiations related to the purchase of headquarters in Dallas
  • Represented a developer in connection with acquisition and construction loans in connection with development of major distribution centers for an international package delivery service
  • Represented lender in $25 million loan facility to an oil and gas storage company secured by real estate
  • Represented lender in connection with a $10 million loan to a major restaurant chain with over 50 locations
  • Represented lender in multiple loans to doctor groups to finance the development of surgical centers, dialysis centers and free standing emergency departments
  • Represented borrowers in real estate financing transactions, including mortgage and mezzanine acquisition loans and refinancings
  • Represented an out-of-state mortgage lender in the foreclosure of a partially constructed shopping center project
  • Represented developer in acquisition through foreclosure of partially completed multi-million dollar residential development in Houston area
  • Represented client with respect to $130,000,000 subscription line loan used for development of a high-rise condominium project
  • Represented a borrower in connection with a $38,000,000 operating loan secured by multiple pieces of real property

LITIGATION

Commercial Landlord/Tenant Disputes

  • Represented mineral owners in disputes with mineral co-tenants
  • Represented shopping center in recovering past due rentals from tenants
  • Represented shopping center in evicting tenants in default
  • Represented shopping center in recovering past due rent in tenant’s bankruptcy
  • Advised on actions for determination of landlord’s rights under lease
  • Represented landlord in holding transferee of tenant’s assets liable for rent under lease
  • Represented landlord in lockout and seizure of tenant’s assets

Developer & Other Litigation

  • Represented oil and gas companies in trespass and damage suits against companies disposing of salt water and produced water
  • Successfully defeated efforts to impose use restrictions within shopping center
  • Successfully represented landlord in enforcement of use restrictions in a shopping center lease
  • Obtained declaratory judgment on behalf of property owner of favorable interpretation of deed restrictions
  • Successfully defended suit for specific performance on the failed sale of a pad site within a shopping center

Neighboring Landowner Disputes

  • Represented landowner whose fence line had established boundary
  • Represented landowner to determine which of two surveys governed boundary
  • Represented landowner who had superior record title establishing boundaries of property
  • Represented landowner claiming title to land within his fence by adverse possession
  • Represented landowner in water encroachment dispute and corporation in noxious fumes dispute
  • Represented landowner against neighbor who built fence on client’s property
  • Represented landowner to determine scope and effect of easement

ZONING & LAND USE

  • Represented the City of Grand Prairie in litigation regarding the applicability of the “suburban golf course” statute to the Great Southwest Golf Club
  • Represented two North Dallas neighborhood groups opposing more intense residential redevelopment of an aging condominium complex
  • Represented opponents of a proposed skybridge in Preston Center before the Board of Adjustment, City Plan & Zoning Commission, and City Council
  • Represented an Oak Lawn high-rise condominium association in negotiating about a zoning change and variances for a nearby office/ residential project
  • Represented a Richardson data center in negotiating an agreement concerning a nearby multifamily development
  • Represented a South Dallas private school in seeking the closure of a nearby nonconforming motel through the Dallas Board of Adjustment
  • Represented a North Dallas neighborhood group in negotiating zoning for a private school, with backup zoning for residential, office, and retail uses
  • Represented an Austin-area rancher in obtaining a $7 million eminent domain judgment arising from the development of State Highway 130
  • Represented an institutional landowner in the agreed resolution of a zoning application for the Baylor University Medical Center
  • Challenged the consideration of an Addison charter amendment adversely affecting the zoning and land use rights of a firm client
  • Represented a community-based bank in opposing the proliferation of sexually-oriented businesses and other noxious uses in the Bachman Lake area of Dallas. This multifaceted representation involved close liaison with various City departments, representation before City boards, and the monitoring and pursuit of numerous lawsuits
  • Represented the City of Dallas in eminent domain proceedings to acquire land needed for the American Airlines Center and related thoroughfare improvements
  • Represented a shopping center developer in obtaining decertification of an unused portion of a historic cemetery in a Fort Worth suburb
  • Represented an Oak Cliff neighborhood association to negotiate an agreed resolution of a zoning case. The groundbreaking “win-win” solution negotiated by the firm gave the developer zoning for a senior housing facility and small retail center in exchange for donation of a 111-acre nature preserve adjacent to the development
  • Represented a coalition of fourteen neighborhood associations, churches, and schools in negotiating an agreed resolution of a zoning case involving an office, retail, and multifamily development on a centrally-located vacant 40-acre tract in North Dallas

ENTITY FORMATION

  • Represented an investor in a joint venture to construct a mixed-used project in the West Campus area of Austin
  • Represented a U.S. oil and gas company in negotiating international joint operating agreements for exploration in Columbia, South America
  • Represented a natural gas liquids pipeline company in negotiating a joint venture to build cross border (Mexico) NGL pipelines
  • Represented a developer in formation of limited partnerships for real estate development projects
  • Represented an investment group in the formation of limited partnerships for investments in student housing projects
  • Represented a REIT in connection with investments in partnerships for development of student housing projects
  • Represented a developer in formation of development partnership and homeowners association for gated residential community
  • Represented a Canadian investment firm in the formation of a real estate investment trust for acquisition of multi-family projects in the United StateS
  • Represented a municipality in the creation of a local government corporation for a redevelopment project
  • Represented a developer in connection with the formation of entities for the acquisition, development and leasing of a single-family residential rental subdivision

ENVIRONMENTAL

Counseling, Remediation & Transactional

  • Provided environmental diligence for portfolios of industrial facilities, including pre‐purchase compliance audits, post‐closing agency disclosures, permits and corrections
  • Provided environmental diligence for nation‐wide M&A of automotive repair facilities
  • Provided environmental diligence and risk analysis for national portfolios of REIT sale/lease‐back commercial and industrial properties
  • Directed pre‐purchase vapor intrusion risk analysis and post‐closing mitigation for portfolio of industrial facilities
  • Designed retail‐returns/hazardous waste disposal program for national waste disposal company
  • Complex remediation and redevelopment of contaminated site for mixed‐use and residential projects
  • Obtained City‐enforced groundwater deed restrictions for solvent and petroleum‐contaminated facilities, including participation agreements and trespass settlements with adjacent properties

Enforcement Defense

  • Coordinated defense of agency enforcement case with multi‐state compliance audits to secure penalty immunity for potentially related violations at sister facilities
  • Defended criminal environmental charges against manufacturing facilities and individual managers
  • Defended municipal waste utility in judicial suit by the Department of Justice and EPA
  • Negotiated multi‐state air permit compliance audits and penalty immunity, including coordinated settlements with Cal‐EPA and US DOJ
  • Represented Fortune 50 aviation company in industry‐wide EPA enforcement initiative, resulting in an administrative settlement and nominal penalty

BANKRUPTCY & RESTRUCTURING

  • Represented lenders and landlords in a wide range of industries in protecting and preserving real and personal property in bankruptcies and in workouts
  • Advised a national lender and servicer with real estate portfolios on numerous matters in the resolution of title issues and title litigation
  • Represented a real estate group in the acquisition of assets out of bankruptcy cases
  • Represented numerous judgment creditors in collecting real and personal property to satisfy debt
  • Represented debtor-in-possession in Chapter 11 case involving an indoor shopping mall
  • Represented debtors, creditors, landlords, tenants and acquirers in real estate cases involving master planned communities, major shopping centers, multifamily, residential, retail and commercial development, and construction companies
  • Represented several commercial contractors in their restructuring efforts
  • Represented bankruptcy trustee, as special counsel charged with investigating and unraveling a multimillion dollar Texas real estate Ponzi scheme
  • Represented lenders in obtaining relief from automatic stay to foreclose on real property
  • Defended a large national residential real estate company and its agents/ brokers against various E&O related claims in state courts in Texas
  • Represented clients objecting to a purchase of operating assets of a bankrupt nursery through a “363” sale
  • Represented a landlord and owner of real property in obtaining termination of lease agreement with a lessee dry cleaner in a Chapter 11 bankruptcy
  • Represented a national self-storage chain in obtaining termination of lease of storage space of a debtor in a bankruptcy

RELATED AREAS

Tax Strategies

  • Represented office building owner in reverse 1031 exchange involving multiple other office buildings
  • Represented owner of industrial property in 1031 exchange involving sale and acquisition of tenant in common interests in retail properties
  • Represented foreign investors with structuring of U.S. real estate investment
  • Counsel clients on Texas franchise tax issues including consolidated group issues in purchase and sale transactions

Title & Survey Issues

  • Represented lender in establishing lender’s lien priority and determination of inferiority of mechanic’s and materialmen’s liens and other competing liens
  • Represented lender to preserve interest in real property in fraudulent transfer matter
  • Represented lender in establishing interest in real property subject to probate
  • Represented developer in resolution of adverse possession claims allowing for sale of property

Regulatory Agency Expertise

  • Represented owners of large land holdings in Public Utility Commission of Texas proceedings on the routing of high-voltage electric utility lines
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