Real Estate Services

The firm provides comprehensive legal services in all aspects of real estate transactions.  The firm’s real estate practice includes representation of clients in development, construction, zoning, syndication, taxation, financing, privatization, technology, leasing, condemnation, litigation, and natural resources.  This practice group is active in working with other practice groups of the firm involving real estate transactions such as business tax, litigation, financial institutions and health care, as real estate matters arise in a broad range of industries.  Following is a representative list of real estate services and transactions:

• Financing for apartment complexes, surgery centers, retail shopping centers, office buildings, hotels and residential developments;
• IRS Section 1031 like-kind exchanges;
• Real estate tax and transaction structuring;
• Real and personal property tax abatement in local jurisdictions;
• Homeowner and condominium associations;
• Raising equity funds for hotels, nursing homes, residential and commercial projects by syndication;
• Property tax, administrative and appellate proceedings involving apartments, shopping centers, industrial properties and cable television properties;
• Marion County Building Authority in all aspects of development and management of properties owned by the Authority, including municipal bond financing;
• Owners and tenants in the preparation, negotiation and assignment of commercial lease and sublease agreements for retail, office, medical, banking and industrial properties;
• Financial institutions, developers and syndicators involving low- to moderate-income housing projects;
• Department of Defense base closure transaction involving environmental, real property, tax, financing, leasing and governmental contracts;
• Acquiring real property interests out of bankruptcy and from financially distressed entities;
• All aspects of the construction process for owners, tenants, lenders, contractors and subcontractors;
• All aspects of real estate litigation, including land use, annexation, condemnation, ejectment and foreclosures;
• Municipal land use planning and zoning; and
• Acquisition and disposition of real property.

Environmental Services

The continual evolution of the environmental regulatory climate requires analysis and awareness of compliance requirements, liability issues and innovations for anyone with an interest in real estate or whose business affects the environment in any way.

The firm represents clients in federal, state and local environmental, health and safety matters.  From working with various agencies on the federal level, including the United States Environmental Protection Agency and the Department of Justice, the Indiana Department of Environmental Management and related agencies on the state level, and various local environmental and health authorities, our environmental attorneys couple a broad base of knowledge with extensive experience in the complex fabric of environmental, health and safety laws and regulations.  Our attorneys are known for balancing a practical approach to solutions with innovation.

The following specific examples highlight our environmental law practice:

• Assist residential home and apartment builders, real estate developers, industrial, commercial and banking clients with environmental due diligence audits and other environmental issues in connection with construction, sales, purchases and foreclosures, and merger and acquisition transactions;
• Defense of toxic tort, products liability, natural resource damages claims, trespass and nuisance actions alleged to have arisen out of soil, water or air contamination, including multimedia/multijurisdictional contamination sites;
• Pursuit of indemnities and/or contractual obligations related to historic environmental liabilities, including waste disposal agreements, sale of facilities and rights of use for mining;
• Defense of lawsuits and/or administrative actions brought by the U.S. Environmental Protection Agency, the Indiana Department of Environmental Management and various local agencies for alleged violations of CERCLA, RCRA, the Clean Air Act, the Clean Water Act, FIFRA, the Federal Toxic Substances Control Act, Federal Hazardous Materials Transportation Act, the Community Right to Know Act and other related federal, state and local statutes and regulations;
• Representation of owners, operators or potential purchasers participating in Indiana’s Voluntary Remediation Program (VRP) and/or brownfields redevelopment;
• Assisting clients in underground storage tank/leaking underground storage tank compliance and drinking water supply and wastewater treatment plant compliance;
• Representation of businesses (including international and multinational Fortune 1000 companies) named as potentially responsible parties (PRPs) at CERCLA sites throughout the United States, including private party contribution actions;
• Liaison counsel, common counsel and environmental trust fund administrator for Superfund sites;
• Prepare and negotiate applications for, and modifications and withdrawals of, Resource Conservation and Recovery Act (“RCRA”) permits for the storage, transportation and disposal of hazardous waste;
• Prepare applications for state and local permits for proposed and existing wastewater treatment plants, lagoons and solid waste processing facilities;
• Advise clients in the hiring and supervision of environmental consultants, engineers, laboratories and contractors for site assessments and clean-ups of commercial and industrial buildings, soils and groundwater; and
• Interpret and summarize new federal, state and local environmental laws and regulations and advise clients on compliance with them.