What We Do

Representative Experience

• Defended a major real estate developer of a large Northeast Ohio mixed-use commercial development project, where an oil and gas well operation on the development site obtained issuance of a temporary restraining order (TRO) before the firm’s engagement. We successfully litigated the defense position in a hearing to oppose the well interest-holders’ position and persuaded the court to increase the bond to a very high amount in order to continue the TRO. With the new high bond, the plaintiffs dropped their opposition, allowing the resumption of the development with only a minor project delay.
• Represented owners in litigation and administrative proceedings, including matters involving purchase/sale, title issues, mineral rights, landlord-tenant disputes, commercial eviction, and environmental compliance and violations.
• Defended a developer in an alleged Clean Water Act violation for impacts to over 100 acres of wetlands.
• As lead counsel for the property owners, obtained a favorable recovery in a settlement on behalf of two clients — a family-owned local business owning commercial property and a family-owned local outdoor advertising business — in a multiparty lawsuit that included complex and novel eminent domain issues that arose after a landslide occurred on the clients’ commercial property during a government project performed by the sewer district and its hired contractors, which caused significant damage to the land and a billboard owned by the outdoor advertising client.
• Represented the developer of a multimillion dollar mixed-use commercial development against a contractor with lien, contract, and quasi-contract claims of several hundred thousand dollars.
• Represented a national retailer on evaluation of ground settlement and methane gas intrusion associated with the development over a former landfill. Coordinated expert investigations, negotiations with the landlord and eventual store closing, lease termination, and post-termination claims by the landlord.
• In common area maintenance litigation pending more than seven years, we were successful in reversing a grant of summary judgment with respect to the charging of certain insurance coverage costs under 15 different leases with a multinational consumer electronics retailer. As a result of the win in the Court of Appeals, the case was remanded to the District Court for further proceedings on key affirmative defenses for the majority of the lease years at issue. After the remand, the parties reached an out-of-court settlement.
• In a significant public development project, as co-trial counsel we won a TRO permitting $275 million in financing to close and then won a week-long trial, obtaining a preliminary injunction against the architectural firm that tried to block the redevelopment project in a dispute over the ownership of the project drawings. A state court judge found that the developer had the right to maintain ownership of and use the drawings, and that not recognizing this right would irreparably harm the developer, the project, and the local area.
• In the largest commercial eminent domain trial in Ohio history, served as lead trial counsel in a five-week trial won by a large city against a neighboring suburb. The suburb had filed an eminent domain action to take a convention center that was needed for the city’s plans to expand its airport for an international runway.
• Represented a commercial tenant with claims against the landlord for improvements to property in excess of $5 million.
• Successfully prosecuted claims against an environmental contractor on behalf of a design-builder.
• Serving as lead counsel, obtained a significant settlement for a port authority in an eminent domain action to acquire 14 commercial properties for a significant redevelopment project. After five weeks of trial, all the owners agreed to settle and transfer ownership for the project, allowing the development to proceed.
• Successfully defended the seller of industrial property against a claim for environmental damages by the buyer.
• Secured a substantial settlement on behalf of a publicly held REIT plaintiff in litigation against the sellers of a $330 million commercial shopping center development portfolio. At issue was the earn-out portion of a purchase agreement. The sellers settled after the plaintiff prevailed on hotly contested issues of venue and jurisdiction, and a significant portion of the sellers’ counterclaims were dismissed.