Robert M. Curry

Practices

• Real Estate

Professional Experience

Bob is a partner in the firm's Real Estate practice group and partner-in-charge of the Dayton office. He focuses his practice on commercial real estate transactions, office, industrial, shopping center and mixed use development, commercial leases, mortgage loan transactions, broker/agency law, condominiums and planned unit developments.

Education

• The Ohio State University Michael E. Moritz College of Law, J.D., 1978, Order of the Coif; Ohio State Law Journal, Associate Editor
• Miami University, B.A., 1975, magna cum laude, Phi Beta Kappa

• Mixed-Use Development
• Representation of developer of a world class performing arts center complemented by a 17-story office and luxury residential condominium in downtown Dayton.
• Establishment of two interrelated residential condominiums, one a conversion of a historic building and the other new construction, with a shared parking garage and other amenities, each with ground floor retail space established as air space parcels.
• Representation of developer of luxury residential condominium with ground floor restaurant near the Ohio River in Cincinnati, Ohio.
• Representation of developer of land adjoining a new interchange being constructed on Interstate 75.
• Representation of developer of suburban office/retail complex including office condominiums, retail outlots and a retail strip center.
• Representation of developer in a new project not yet under construction in downtown Cincinnati to consist of two towers of high-end residential condominiums with shops and restaurants on the ground level, a plaza area between the buildings, and an underground garage with both public and private parking.
• Representation of developer in the creation of a mixed-use condominium in downtown Oberlin, Ohio.
• Representation of municipality in the negotiation of a development agreement with developer of a proposed urban office and retail center, including site acquisition, environmental remediation, grant funding from state and local sources, public parking garage, TIF for public improvements, and a letter of credit.
  
  
• Shopping Center Development
• Representation of Dayton-based developer in the development of multiple grocery store-anchored centers located in southwestern Ohio, including land acquisition, reciprocal easement agreements, owner's association documents, tenant leases, exclusives, construction and financing, as well as the sale of certain of the centers.
• Representation of developer of Wal-Mart anchored centers in several Ohio locations.
• Representation of developer in establishing a big box power center in Ashland, Kentucky.
• Representation of developer of historic urban site into retail shops.
• Work on national transactions involving multiple centers, including the sale and leaseback of approximately 40 department stores in the western United States.
• Leases, outlot sales and ground leases with many national retail and restaurant tenants.
  
  
• Office and Industrial Development
• Representation of owners and developers of several office parks in suburban Dayton, Ohio.
• Representation of Miami Valley Research Foundation in the establishment of Miami Valley Research Park, including associated covenants and restrictions.
• Representation of developer of warehouse/distribution center adjacent to I-75 in Monroe, Ohio, including joint venture for construction of 650,000 square foot warehouse building.
• Land acquisition and associated work for development of Antioch McGregor Business Park in Yellow Springs, Ohio.
• Representation of hospital in establishing satellite locations in Englewood and Huber Heights, Ohio.
• Representation of a national, publicly held food processing company in land acquisition, construction, development and financing of refrigerated warehouse and distribution center in Dayton, Ohio.
• Representation of international auction company in acquiring land and establishing auction facility on Interstate 70 in Springfield, Ohio.
• Representation of manufacturer in the acquisition and redevelopment of Brownfields site.
  
  
• Office and Industrial Leasing
• Representation of owner of suburban Columbus office building in negotiating lease of 59,000 square feet of space to single user, including transition plan for phased renovation of existing space.
• Representation of tenant in lease of 100,000 square feet of class A office space in suburban Boston, Massachusetts.
• Representation of hospital tenant in negotiating lease of 180,000 square feet of office space in high rise building.
• Representation of business forms company in negotiating leases for office and warehouse space on a national basis, including leases with national REITs.
• Representation of chemical company in negotiation of lease for office/research space in Research Triangle Area of North Carolina.
• Representation of landlord in build-to-suit construction of headquarters building for publicly held software company.
• Negotiation on behalf of tenant for 200,000 square foot build-to-suit office building in Louisville, Kentucky.
• Representation of developer in acquiring land, negotiating major leases and constructing an 18-story office tower in downtown Dayton, Ohio.
• Negotiation of ground leases on behalf of major national tenants.
• Representation of landlords in negotiating ground leases in a variety of circumstances including restaurants, medical buildings and other developments.
  
  
• Residential Development
• Representation of home builder in establishing multiple residential developments with homeowner's associations and common amenities.
• Representation of residential developer of 600+ acre residential tract, including a master community association holding recreational facilities and sub-associations for various developments within the tract.
• Representation of national mortgage banker in developing and constructing a $17,000,000 apartment complex in conjunction with Fannie Mae.
• Representation of equity investor in the development of a residential apartment complex in Columbus, Ohio.
• Representation of equity investor in acquisition of apartment complex in Bloomfield Hills, Michigan.
• Representation of developer of affordable housing in establishing a Hope VI funded subdivision of single family homes and a multifamily building.
• Establishment of 55 and over residential development in compliance with fair housing laws.
• PUD association documents for development with attached units in Cincinnati, Ohio.
• Representation of owner's association in rewriting association documents for PUD of attached homes in Dayton, Ohio.
• Establishment of multiple PUDs for attached dwellings constructed by developer of manufactured homes.
• Representation of home builder in taking over partially completed residential development, including assessment of risks and liabilities in relation to local municipality, existing owners, bonding companies and other third parties.
• Establishment of multiple homeowners associations for residential developments consisting of single family homes with a variety of common elements.
  
  
• Land Use
• Represented international company that conducts auction sales of industrial equipment in the zoning of land on Interstate 70 near Springfield, Ohio.
• Served as Chairman of the Board of Zoning Appeals for the City of Oakwood, Ohio for more than 10 years.
• Representation of client in successful court challenge of denial of zoning for a retail development.  Case was settled in federal court with an agreed entry allowing the development to proceed.
• Representation of client in negotiating terms and conditions of Planned Development overlay created for a remediated Brownfields site.
• Representation of municipality in drafting an Economic Development Overlay covering a former U.S. military base acquired by the municipality and converted to a business park.
• Representation of family in successful rezoning of property adjacent to Interstate 75 to facilitate mixed use development.
• Representation of client in the acquisition of land and construction of a newspaper publishing facility, including negotiation of a development agreement and incentive package from local municipality.
• Representation of developer whose zoning was changed by referendum.  Argued successfully that the developer had established its use prior to the effective date of the referendum and was entitled to continue the development as a nonconforming use by virtue of its vested rights.
• Negotiation with municipality for rezoning of annexed property to remove nonconforming use status of shopping center.
• Successfully obtained subdivision approval for new phase of subdivision applying former rules rather than newly enacted rules that would have decreased lot density.
• High profile rezoning of former corporate office park to permit mixed development including residential and office uses as well as synagogue.
• Negotiation of TIF and special assessment district for major warehouse development.
• Representation of hospital in zoning and development matters relating to new satellite medical facility.
• Representation of municipality in negotiating development agreement with mixed-use developer, including public improvements, TIF, grant funding and other incentives.
• Representation of a variety of clients in zoning applications, variance requests, conditional use permits, sign permits and other zoning matters.
  
  
• Residential Condominiums
• Creation of residential condominium in Cincinnati, Ohio, with ground floor commercial units.
• Creation of residential condominium on the upper nine floors of a 17-story office/residential tower, including master association, shared underground parking and other amenities.
• Town-home type expandable condominium in Cedarville, Ohio.
• Condominium conversion for historic building in Ohio City area of Cleveland, including separate air space parcel for ground floor retail development and reciprocal easement agreement for sharing of parking facilities and other amenities with adjacent condominium.
• New condominium in Ohio City area of Cleveland, including establishment of separate air space parcels for ground floor retail space and reciprocal easement agreement with neighboring property.
• Expandable condominium for 55 and older occupants in compliance with fair housing laws.
• Two separate condominium conversions for existing apartment buildings.
• Condominium developments in four separate southwestern Ohio locations for developer of manufactured homes.
• Expandable condominium development in historic area of Columbus, Ohio.
• Expandable development in Indian Hill, Cincinnati, Ohio.
  
  
• Office and Commercial Condominiums
• Office condominium with ground floor retail/commercial units in downtown Dayton, including shared amenities with residential condominium on upper floors through a master association.
• Condominium conversion for bank branch with upper floor residential units in Oxford, Ohio.
• Condominium conversion for office/warehouse facility in Cleveland, Ohio.
• Establishment of medical condominium.
• Two separate condominiums for low rise office buildings in downtown area.
• Commercial condominium, including unit for public library, in Cedarville, Ohio.
  
  
• Brokerage and Agency Matters
• Preparation of all legal forms for Dayton Area Board of Realtors.
• Establishment of licensed brokerage subsidiary for national real estate developer based on Cleveland, Ohio.
• Establishment of licensed brokerage subsidiary for real estate department of publicly held national company.
• Representation of brokers before the Ohio Real Estate Commission on several matters including claims of unlawful practice of real estate in Ohio, negligent representation and noncompliance with agency requirements.
• Establishment of formal office policies for multiple real estate brokerages in Ohio.
• Drafting of tailored real estate forms for various brokerage companies.
• Preparation and negotiation of brokerage agreements for office, shopping center and other major transactions.
• Preparation and negotiation of condominium management agreements.
• Preparation and negotiation of property management agreements for office, commercial and residential developments.
  
  
• Eminent Domain Matters
• Assisted municipality in developing strategy for acquiring 40+ residential properties to accommodate redevelopment property along its riverfront; provided advice on eminent domain procedures.
• Successfully handled acquisition by eminent domain of land adjacent to park to prevent residential development.
• Represented client in negotiating settlement where effect of highway widening would be to limit access to the shopping center to one street rather than two.
• Represented numerous clients in negotiating settlements on highway widenings and other takings by eminent domain.
  
  
• Commercial Lending
• Representation of numerous banks in a variety of loans involving commercial properties, including construction loans, land development loans, and the financing and refinancing of office, shopping center, apartment complex, industrial and other varieties of commercial properties.
• Representation of finance arms of automotive companies in loans to dealers.
• Representation of insurance companies and other institutional lenders on permanent financing of all varieties of commercial properties.
• Representation of lenders in line of credit, letter of credit and other financing facilities secured by real estate.
• Representation of borrowers in all of the types of transactions described above.
• Ohio counsel to both borrowers and lenders on many multi-state financings.
• Foreclosure and workout services for borrowers and lenders involving portfolios of commercial properties.
  
  
• Miscellaneous
• Represented multiple clients in tax appeals relating to real estate valuations.
• Negotiation of intergovernmental agreement for development of major riverfront park.
• Drafting and negotiation of conversation easements for the preservation of natural areas and farmland.
• Acquisition of large tract of river corridor park property through management agreement between municipality and park authority.
• Consultation with municipality in assessing status of major golf course/residential development and suggesting solutions.
• Representation of client in acquiring and establishing charter schools throughout Ohio.
• Representation of client in securing registration of historic site on National Register.
• Representation of property owners in actions to partition and sell real estate.
  
  
• Other Transactions
• $16,000,000 sale of suburban Columbus office building.
• $17,000,000 sale of downtown Dayton office building converted from department store.
• Acquisition by manufacturer of major industrial plant in Celina, Ohio.
• $80,000,000 sale of portfolio of industrial and warehouse properties.
• Acquisition and development of property for manufacturer of motors for automotive industry.
• Acquisition by institutional investor of apartment complexes in Columbus, Ohio.
• Representation of developer in the acquisition and construction of more than 40 sites for a national drug store chain.

• Co-Author · Ohio Real Property Law and Practice, Sixth Edition, two volume treatise, Mathew Bender (Lexis/Nexis), 2006
• Co-Author · Ohio Real Property Law and Practice, Fifth Edition, 1996, 1997
• Co-Author · Ohio Land Contract Law, University of Dayton Law Review, 1994
• Author · McDermott's Ohio Real Property Law and Practice, Fourth Edition, Volume 3 (Forms), 1989

• 2008 Dayton Area Board of Realtors - "Legal Issues in Real Estate Development"
• "Case Law Update", Ohio State Bar Association Convention, 2003
• "Reviewing Agreements of Sale", OSBA/CLE Institute Seminar, 2001
• "Case Law Update", Ohio State Bar Association Convention, 2001
• "Ohio Agency Review", Seminar for Dayton Area Board of Realtors, 2000, 1999
• "Corporate Closing Real Estate Documentation", OSBA/CLE Institute Seminar, 2000
• "Drafting Conservation Easements", Conference on Agricultural and Natural Resource Conservation Easements, 1998

• Listed in Chambers USA: America's Leading Lawyers for Business, 2007-2011
• Named Dayton Real Estate Lawyer of the Year 2009 by The Best Lawyers in America
• Named a "Client Service All-Star" in the BTI Consulting Group's annual survey of Fortune 1000 Corporate Counsel (2008)
• Selected for inclusion in Super Lawyers by Ohio Super Lawyer magazine from 2005-2012
• Named a Top 100 Ohio Super Lawyers by Ohio Super Lawyer Magazine 2011
• The Best Lawyers in America - Recognized for more than 20 years
• American College of Real Estate Lawyers - Member
• Fellow, American Bar Foundation
• Fellow, Ohio State Bar Foundation