Services

For more detail on the breadth and depth of our experience, please click on any of the links below:

• Construction - Project Management (PMC)
• Construction - Litigation, Arbitration & Dispute Resolution
• Energy
• Power Generation/Financing
• Renewables
• Restructuring
• Natural Gas/LNG/Electricity
• Environmental
• Public Finance
• Real Estate
• Real Estate and Land Use Litigation
• Telecommunications

Construction - Project Management (PMC)

• We have served as project management consultant or project counsel for more than 75 projects involving billions of dollars of construction across the United States.
• We have served as owner’s representative for many project types, including museums, libraries, assisted living/care facilities, stadia, schools, office buildings and parking facilities.
• We served as project or construction counsel or lead management consultant (for project structure, contracting and risk management) for more than a dozen of the most significant sports facilities constructed in North America during the past 15 years.
  
  These projects include:
• Jacobs Field and Gund Arena in Cleveland, Ohio
• Golden State Warriors arena renovation project in Oakland, California
• PNC Park in Pittsburgh, Pennsylvania
• Busch Stadium in St. Louis, Missouri
• Minnesota Twins’ new Ballpark project
• Florida Marlins’ retractable roof ballpark project
• Kansas City Royals’ ballpark renovation project
• Charlotte Knights’ baseball park in Charlotte, North Carolina
• Xcel-Energy Center in St. Paul, Minnesota
• Orlando Magic’s new Orlando Events Center
• Pittsburgh Penguins’ new multipurpose arena in Pittsburgh, Pennsylvania
• Lucas County Arena in Toledo, Ohio
• Soldier Field Adaptive Reuse Project in Chicago, Illinois
• San Francisco 49ers’ Football Stadium project

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Construction - Litigation, Arbitration & Dispute Resolution

• We provide extensive trial and ADR experience in a broad range of construction cases involving heavy and highway construction, commercial high-rise construction, design professional standard of care/errors and omissions litigation, structural failures, tunnels, roofs, delay and disruption claims, and construction defect claims.
• We provided counsel to a fabricator of complex steel roof trusses in an arbitration involving more than $2 million in claims against a steel subcontractor on the new American Airlines terminal at JFK International Airport.
• We provided counsel to a design builder in claims for additional cost beyond the guaranteed maximum price on a $100 million school project involving renovations and additions to 21 schools throughout a large municipal school district.
• We assisted in mediating the claims of a design build contractor against the owner of the Dayton Dragons minor league baseball stadium in Dayton, Ohio.
• We litigated a three-week jury trial for a contractor with claims against a municipal wastewater authority involving multimillion dollar claims on a large renovation and replacement project at a 60 mgd wastewater treatment facility.
• We assisted in mediating the subcontractor pass-through claims of a micro-tunneling subcontractor from the West Coast on an environmentally sensitive sewer river crossing project in Delaware County, Ohio. Our team represented the contractor who held the contract with the owner.
• We litigated a two-and-a-half-week jury trial on behalf of a sitework and utility contractor with claims against a private developer on a large regional mall project in central Ohio. Our team litigated the matter to a successful jury verdict on claims involving differing site conditions, extra work and delay claims, including a unique delay claim that involved unabsorbed home office overhead claims relating to delay in starting the project before a contract was even signed.
• We represented a contactor with claims against one of the Big Three automotive manufacturers in a matter involving the construction of a 2.5-million-gallon chilled water tank at an existing general assembly plant. Issues involved allegations that the contractor failed to protect more than 700 finished vehicles in an adjacent lot that were damaged by fallout debris allegedly from the construction operations.
• We mediated a case to conclusion on behalf of a contractor who had a contract to erect four heat recovery steam generators on a new power plant in southern Indiana. Our client was engaged to erect the HRSGs using materials supplied by a boiler manufacturer who went bankrupt during the course of the project. The claims involved allegations of defective materials and parts shipped from Korea that were months behind schedule. We mediated the case against the program manager for the overall project and the owner, a private utility from New Jersey.
• We assisted a general contractor client in the arbitration of a matter involving complex claims related to the construction of a world renowned art museum project. The arbitration proceeded for four weeks over a six-month time period and involved claims surrounding the unusual design of the structural steel system for the project that resulted in excessive deflection of steel members and eventually a costly in-situ heat cambering of members. Glass deliveries from South China added to the delays, culminating in over $3.5 million in claims by the contractor and its subcontractors against the museum.
• We assisted a golf course owner in a two-week arbitration involving a $1 million claim made by a contractor. Recovery was limited to less than $25,000.
• We litigated a matter involving claims of inefficiency and delay on a multi-prime public works project in a three-week trial before the Ohio Court of Claims.
• We represented an electric utility before the Armed Services Board of Contract Appeals in claims involving unilateral changes made by the Army at West Point in a government contract. The Army issued a modification to void the original change ab initiio and established acceptable utility rates for our client.
• We represented an environmental construction firm as a subcontractor in a pass-through claim against the United States Army Corps of Engineers on a spillway project in South Florida. We negotiated a favorable settlement with the Corps during the two-day mediation, resulting in a contract modification of nearly $500,000. We subsequently represented the same firm in a Miller Act bond claim, including an arbitration with a HUB-Zone prime contractor, in which we obtained an award of nearly $1 million and negotiated a final settlement.
• We provide ongoing representation to many of the largest infrastructure contractors and designers in the state of Ohio.
• We served on a dispute resolution board in a matter involving a $130 million urban interchange project.
• We provide ongoing representation to general contractors on state-of-the-art water and wastewater treatment facilities.
• We acted as construction counsel to the Portland Natural Gas Transmission System in the Boston to Canada Pipeline Project.
• We represented a design engineer in claims for delay on a bascule bridge project.
• We obtained a $2.7 million award on behalf of a contractor in a claim involving defective design and administration of a bridge construction project.
• We provided defense in criminal prosecutions involving alleged unlawful industrial wastewater discharges to storm sewers; drum burial in a national park; tampering with wastewater sampling protocols; and poultry operation waste management.
• We obtained awards of $4.2 million and $500,000 in a mediation arising out of the renovation of the Ohio Statehouse.
• We provided litigation and arbitration counsel services to the owner and developer of Tower City Avenue, the Ritz-Carlton and Skylight Office Towers in Cleveland.
• We represented a contractor in successfully setting aside the award of a contract in violation of competitive bidding.
• We mediated a million-dollar settlement between a surety and the Veterans Administration at the U.S. Court of Federal Claims.
• We represented an unsuccessful bidder in a Navy procurement matter, overturning two GAO decisions and a U.S. District Court decision and obtaining payment of bid and proposal costs and attorney fees.
• We defended a municipality against claims by a contractor of differing site conditions on an EPA- and FMHA-funded project.
• We obtained a $3 million settlement on behalf of a contractor during a trial before the West Virginia Court of Claims relating to the defective design of a bridge.
• We obtained a satisfactory resolution for the owner of a major hydroelectric facility in a matter involving default by a general contractor.
• We represented a construction manager in a $30 million delay and disruption claim asserted by a contractor arising out of highway reconstruction project.
• We represented a soil engineer in the defense of a delay claim asserted by a contractor arising out of a sanitary sewer line project.
• We represented a municipality in the defense of a $6 million acceleration claim asserted by a contractor arising out of a wastewater treatment plant project.
• We provided representation to prime contractors asserting claims on state university projects.

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Energy

• We filed revisions to rates under an investor-owned electric utility client’s open access transmission tariff.
• We filed revisions to a client’s market-based wholesale power sales tariff to conform to modified market power mitigation conditions.
• We advised and assisted a client in obtaining FERC approval for the sale of transmission assets.
• We represented an electric utility client in a proceeding related to a proposal to construct a pipeline and interconnections to deliver regasified LNG to Florida.
• We represented an LDC client in various proceedings on interstate pipeline company facilities expansion and abandonment proposals.
• We advised and assisted a client with the transfer of ownership of a hydroelectric generating station.
• We assisted in obtaining an approximately $90 million Rural Utilities Service (RUS) guaranteed Federal Financing Bank (FFB) loan to finance a portion of the cost of the installation of sulfur dioxide scrubbers and related properties.
• We prepared a model indenture and related documents, with the involvement of the Department of Agriculture’s Rural Utilities Service, for potential use by cooperatives throughout the U.S. in connection with all future borrowings from the RUS and other lenders.
• We advised and negotiated on behalf of a national power and gas trading company on the regulatory and transactional aspects of the management (by purchase and resale) of power purchase and retail load delivery obligations of a New York state electric utility equal to approximately 6,239 megawatts and a transaction value of $2.1 billion.
• We negotiated, advised and conducted supportive due diligence on a successful bid for the purchase of 1,200 megawatts of operating electricity assets in the United Kingdom from Entergy Corp., representing a value of approximately $1.2 billion, and assisted in the refinancing of the acquisition with a consortium of British, U.S. and Canadian firms.
• We negotiated and advised on a bid for the purchase from Enron of 1,200 megawatts of electric generating assets under development in Spain.
• We advised and negotiated on behalf of a power and gas trading company on the regulatory and transactional aspects of the management (by purchase and sale) of power purchase and retail service and delivery obligations of a New Hampshire rural electric cooperative with a transaction value of $60 million.
• We served as counsel to an international utility on the acquisition of an operating LNG facility in Puerto Rico by proposed joint venture bid, and the acquisition of natural gas distribution properties in U.S.
• We served as one of chief counsel in the sale of a national IPP developer’s operating and development projects in 10 states, related federal state and regulatory reviews, transfer of jurisdictional electric assets before the FERC, consents and related legal opinions to support the acquisition agreement, and related due diligence and documentation to close the $485 million acquisition.
• We provided counsel to a Middle East investment group related to certain hedge instruments and potential control issues arising under the Public Utility Holding Company Act of 1935 implicated by the power grid acquisition of New England Electric System (NEES), and investment and PUHCA counsel, including a no-action letter request before the SEC.
• We assisted with the acquisition of an operating cogeneration facility from an international industrial gas company.
• We provided counsel on credit and legal opinion issues to support the closing on a 50-megawatt plant at a steel mill in West Virginia and the $58 million acquisition finance vehicle with the lender.
• We assisted with a draft energy services agreement in connection with a cogeneration plant, a steel plant cogeneration project, agreements and regulatory structuring.
• We assisted with the acquisition, bond financing, energy services, interconnection agreement, federal government procurement and structuring negotiations for the development and acquisition of a thermal power plant in Alaska with a transaction value of $35 million.
• We advised the seller in the sale of its power marketing, coal and gas trading business, including negotiation of acquisition agreements, executive employment, compensation and, state and federal regulatory approvals, including FERC Federal Power Act approvals. We also assisted with the reorientation of the purchaser for entry into the power marketing business as a coal trader.
• We provided counsel regarding the sale of membership interests in an operating 1250-megawatt IPP facility in the Midwest, for sale and acquisition by bank funds, support for negotiation and transfer sale documentation, support and due diligence in the bid development phase of the sale with Fieldstone Capital on behalf of the client, internal seller management and risk management review and strategy.
• We advised on the sale of development interests in a proposed 265-megawatt natural gas IPP generation facility in Utah, selling a portion of the output to a national power marketing entity, equity contribution and restructuring with co-developers to secure equity and debt financing.
• We assisted in the preparation and review of a bridge loan agreement and purchase and sale agreement in support of the acquisition by a utility affiliate of a fuel oil company in Northeast for a proposed $40 million transaction.

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Power Generation/Financing

• We negotiated and advised on a 1,250-megawatt gas-fired electric power project representing a non-recourse debt project financing with a transaction value of approximately $750 million. We also negotiated and advised on the sale of the project company on a preferred-equity basis, representing approximately $122.6 million in transaction value.
• We represent a power developer in the ongoing evaluation and consideration of the securitization of its revenue stream from an operating power project, a facility developed and financed with Tenaska in Oklahoma.
• We assisted in the $85 million refinancing of a cogeneration facility in Massachusetts for a national developer, restructuring debt that originally had been placed with Heller Financial (subsequently G.E. Capital). We provided advice related to debt restructuring, project and transaction documentation and federal and state regulatory risk management in the transaction structure, focusing on unique regulation on the retail side of the industrial steam and power facilities.
• We provided development and regulatory counsel for regulatory obligations and related support to project financing for 500-megawatt peaking plant facilities in South Carolina. In addition, we provided expansion phase and related support to project financing of 365-megawatt plant additions, including contracting, regulatory and financing term support for a $500 million lease.
• We served as project counsel for a new 550-megawatt natural gas–fired cogeneration facility at a chemical plant in South Carolina. We assisted with an interconnection and operating agreement with SCANA, certain corporate guarantees provided by the developer, issues related to the construction of such facilities and transmission lines, tax treatment of interconnection as contributions in aid of construction, transmission issues and certain federal and state regulatory requirements in support of construction loan financing.
• We assisted in the development of a facilities services agreement and transmission and switchyard development for a $175 million 270-megawatt merchant plant in Connecticut for a developer selling to NEPOOL.
• We advised a developer of an 800-megawatt merchant plant facility on joint venture and equity funding issues, fuel supply and related regulatory strategies for an IPP project in Oklahoma. We assisted in working with the purchaser on power plant and gas tolling arrangements for debt financing of almost $700 million.
• We provided development and regulatory counsel with respect to regulatory obligations and related support for project financing for a 525-megawatt merchant plant facility in Wisconsin. The project closed at $285 million.
• We provided project development, contracting and financing support for construction of a $300 million 510-megawatt merchant plant, financed through a construction revolving line.
• We assisted with project financing and ESA restructuring for a cogeneration project with industrial facility refinancing of a debt facility for $64 million in Massachusetts.
• We advised a project developer in connection with project development, energy regulatory and project financing requirements for a $165 million 210-megawatt gas-fired merchant plant in Maine.
• We advised the owner on the development and bid of a 750-megawatt merchant plant facility; EPC request for bids, including preparation of RFP package and EPC agreement; unique site control issues; and environmental, PJM and FERC regulatory issues in structuring the bid.
• We advised the owner on the development of an 800-megawatt merchant plant facility and EPC request for bids, including preparation of RFP package and EPC agreement, tolling agreement, LLC agreement and ground lease in structuring the bid.
• We advised a developer on the expansion of an existing 80-megawatt merchant plant, including a turbine purchase agreement, performance guarantees and corporate guaranty, an interconnection agreement, a transmission line lease and power purchase arrangements at a food processing plant in Delaware.
• We assisted in the acquisition and restructuring of an industrial company-owned power plant, including unique state regulatory issues, thermal and power sales agreements and an O&M agreement for the $65 million transaction.
• We provided development and regulatory counsel with respect to interconnection, contracting, regulatory and related support for $150 million in project financing for a 165-megawatt merchant plant facility at a paper company in Pine Bluff, Arkansas.
• We advised a client on development, federal and state regulatory issues, local taxes, power marketing and an interconnection agreement for a 165-megawatt generation facility in Mobile, Alabama. The transaction included conversion of regulatory status to merchant plant for term loan conversion in the $150 million financing.

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Renewables

• We provided counsel to an energy and wind developer, the operator of power facilities in North America, in an equity investment by GTCR Golder Rauner, LLC, a leading private equity firm. The transaction stated to build a portfolio in the power sector of approximately $1 billion after the closing of the equity contribution agreement.
• We advised the owner in restructuring the ownership of two wind farms in California, including structuring the ownership to meet FERC requirements for utility ownership and to support acquisition in the $58 million transaction.
• We provided review of the development of a placement memorandum for a private equity venture capital investment of $5 million in a biomass CHP technology company; structuring and review of debt and equity funding; transaction strategy; market review with the board of directors and senior management; and related documentation requirements.
• We provided counsel regarding power purchase, wood supply, site lease, renewable energy and construction agreements for biomass cogeneration beta sites in Texas and New Hampshire for small-scale distributed generation (DG) development using wood waste.
• We assisted with the negotiation and development of a joint venture and development term sheet for commercial arrangements for a 20-megawatt wind farm development in Vermont.
• We provided counsel and assisted with documentation of a loan agreement and an option agreement to purchase a 19-megawatt operating biomass facility in New York; support in due diligence leading to exercise of option; preparation of LLC interest purchase and sale agreement; amended and restated LLC operating agreement; power purchase and REC sales agreements; and state regulatory transfers.
• We provided counsel related to equity investment for an ethanol facility in the Southeast, a biomass plant in New Hampshire, a wind farm in New York and a wind farm in New Hampshire for joint development, equity contribution and debt term sheets drafting and development.
• We provided counsel and documentation assistance regarding a joint LLC investment in 55 megawatts of wind farm projects in the mid-Atlantic region during construction loan and financial closing, LLC operating agreement and membership interests, related risk management and participation in project financing led by informational lender club.

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Restructuring

• We advised and negotiated on behalf of the United States Department of Agriculture (USDA), as lender and guarantor through its Rural Utilities Service (RUS), on the disaggregation of utility assets and restructuring of a rural electric cooperative in Arizona, representing approximately $350 million in government-guaranteed debt. The restructured cooperative shifted to some partial requirements members with separate generation, transmission and marketing business units.
• We assisted in the renegotiation of a power purchase agreement (PPA) with First Energy in the PJM market, the redrafting of the PPA and necessary financing documents to securitize the revenue stream from the long-term off-take agreement PPA and place additional financing for the company. The documentation, development and review of the PPA, gas supply purchase and the necessary financing documentation were required to complete the project structure, working with a partner in the project, to support the closing of the $150 million transaction.
• We assisted in the exercise of a call option, restructuring and bond redemption for a $300 million debt facility closing for an operating cogeneration plant in Alabama on behalf of a national paper company. Also involved were the restructuring of the equity interest associated with exercise of the call option, restructuring of debt on a consolidated basis on the company’s books and redemption of bond and termination of swap agreement in transaction.
• We advised the USDA RUS in the restructuring of the mortgage and financing of a rural co-op in the western U.S., including structuring of the new indenture with review and negotiation of all documents to support the transaction for closing with a major G&T cooperative.
• We advised a utility subsidiary bidding for the long-term privatization of a major state university’s physical plant and distribution system (steam, chilled water and electricity), including transferred employers, O&M energy sales, construction and gas marketing arrangements in the mid-Atlantic region.

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Natural Gas/LNG/Electricity

• We assisted in the development of an LNG terminal in the Grand Bahamas, while representing an international developer in the development phase of the pipeline project before the FERC in its Section 7(c) application and Sections 3 and 4 Presidential Permit authorizations for the new pipeline and related facilities, fuel purchasing, construction management and gas sales. This transaction was valued at $500 million.
• We represented an international developer in the negotiation, bid and successful acquisition from bankruptcy of an LNG terminal located in the Bahamas and a gas pipeline in Florida. The complexity of managing the transaction, protecting development interests and the acquisition culminated with bankruptcy court approval.
• We advised James River Corp. in the negotiation and management of a global alliance to provide energy services, power marketing, risk management and project development capabilities to manufacturing facilities worldwide.
• We conducted a review of NAESB gas supply contracting terms and conditions and risk management for a national industrial concern for standardization of contracting for natural gas procurement in a dozen U.S. facilities.
• We conducted a review of contracting extension for electricity supply arrangements for a manufacturing company in Ohio, along with RFP preparation for procurement and related regulatory and contract review under competitive state market.
• We provided counsel to a global power generating company regarding formation, structuring and product development of a carbon trading platform in U.S. generating projects.

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Environmental

• Participated as environmental counsel for an Ohio electric utility during the building and start-up of a new electric facility in Northwest Ohio. Included obtaining all necessary permits, notices, licenses, etc., and providing advice on air, stormwater, hazardous waste, FAA and wastewater issues. Provided this facility with day-to-day compliance counseling.
• Represented company in successfully obtaining permits and approvals to construct co-generation power plant in Rhode Island involving PSD air permit hearing and two-week hearing to obtain Coastal Resources Management Act approval, which included two appeals to Rhode Island Supreme Court.
• Provided counsel on day-to-day facility compliance issues (recordkeeping, reporting, Title V certifications, CEM certification testing, ash removal, plant intake structure issues) in electric utility and other industries.
• Provided counseling regarding nuclear plant water pollution permitting, fossil plant air and water permitting, transmission line siting, substation siting and defense of CERCLA actions in work for Ohio utilities.
• Represented electric utilities in the permitting of cooling water intakes and discharges for fossil-fired and nuclear-powered generating facilities.
• Trial counsel in a high profile CAA New Source Review enforcement action against a major Midwestern utility.
• Defended against U.S. EPA attempted imposition of cooling towers under Section 316 at two power plants located on Wabash River in Indiana; appealed to EPA Administrator.
• Represented coalition of four Hudson River Utilities in defense against US EPA (Region II) proposal to impose cooling towers under Section 316 of Clean Water Act; appeals to EPA General Counsel; federal district and circuit court actions (Multi-Utility Group).
• Represented an electric utility in the execution of an oil spill clean up order issued under Section 311 of the CWA.
• Represented numerous clients in preparation of environmental impact statements and proposed findings of no significant impact under NEPA and analogous state programs including energy and development projects.
• Represented Ohio municipality in purchase and redevelopment of abandoned brownfield properties.
• Represented clients in numerous cleanup projects under state mandatory and voluntary programs, including cleanups under Ohio Voluntary Action Program, significant cleanups of manufacturing properties in New Jersey under the Industrial Sites Recovery Act, an extensive investigation and cleanup initially under the voluntary provisions of the Connecticut Transfer Act and later under the mandatory provisions of the Act, a cleanup of contaminated groundwater at our client's formerly owned property in Florida with oversight by the Florida Department of Environmental Protection, a cleanup of PCB contaminated soil at our client's formerly owned property in Michigan under the Michigan Part 201 cleanup program, and cleanup of contaminated property in Massachusetts involving a fixed price contract with the remediation contractor backed up by a cost cap insurance policy.
• Assisted private and governmental clients with obtaining grants under the Clean Ohio Revitalization Fund.
• Representation of municipality in transition of Department of Defense facility to private ownership and redevelopment.
• Represent municipality in consent decree compliance regarding combined sewer overflows and use of green technologies to reduce storm water flow to combined sewer.
• Lead counsel in numerous administrative, licensing, adjudicatory and appellate proceedings before state and federal environmental agencies (e.g., solid waste landfill siting disputes).
• Assist redevelopment entity address regulatory issues arising from various radioactive materials in conversion of government nuclear defense facility to civilian industrial/commercial park use.
• Assist municipal redevelopment and government contractor interests in negotiations and transactions relative to privatization of federal facilities (both Department of Energy and Department of Defense).
• Represented the City of Kettering in connection with its purchase of the former Gentile Air Station Property. We assisted the City in negotiations with the Air Force regarding applicable cleanup standards for contamination at the property for which the Air Force remained responsible and worked with the City’s environmental consultant to provide oversight of the cleanup activities at the property.
• Represented the City of Miamisburg in connection with its agreement to purchase the Department of Energy’s Mound facility. The DOE conducted a cleanup of the property under CERCLA. Pursuant to the agreement for purchase, the City took title to parcels of property at the time cleanup of each parcel was completed.
• NEPA challenge of Coast Guard environmental assessment and FONSI regarding new bridge over Detroit River.
• Represented host of industrial direct and indirect wastewater dischargers in connection with CWA enforcement proceedings and NPDES permit negotiations/appeals.
• Performed due diligence (often involving Phase I and Phase II environmental site assessments), negotiation and strategic planning with respect to environmental issues in corporate and real estate acquisitions and sales involving leveraged buy-out of highway construction and chemical manufacturer with 72 facilities in 25 states; acquisition of three foundry plants in Italy; and sale (but retention of environmental cleanup responsibilities) of chemical manufacturing business with facilities in California, Texas, New Jersey (which triggered ISRA requirements) and Ohio.
• Assisted a client concerning the environmental aspects of an initial public offering related to integrated gasification combined cycle (IGCC) plants.
• Environmental compliance counseling and transactional due diligence, including permitting and permit transfer and addressing enforcement and liability issues for alternative energy projects of various types, including hydroelectric, geothermal, biomass and a variety of cogeneration installations.

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Public Finance

• We served as developer’s counsel in connection with the tax-exempt bond financing of over $600 million in public infrastructure necessary for the mixed-use redevelopment of the Stapleton Airport in Denver, Colorado, the largest new urbanist project in the United States.
• We acted as developer’s counsel in connection with the issuance of over $50 million in tax increment revenue bonds for the public infrastructure improvements necessary for the renovation of the historic 523-foot Mercantile Tower in Dallas, Texas.
• We served as developer’s counsel and underwriter’s counsel in connection with the remarketing of over $85 million in tax-exempt revenue bonds for the financing of the preservation and conversion of the historic former tobacco industry factories/warehouses in the Tobacco Row district in Richmond, Virginia into apartments and commercial/office space.
• We acted as underwriter’s counsel in connection with the issuance of over $35 million in health care facilities revenue refunding and improvement bonds for a nonprofit retirement community in Toledo, Ohio.
• We served as bond counsel in connection with the issuance of over $30 million in tax-exempt economic development revenue bonds for the construction of the Benjamin & Marian Schuster Performing Arts Center in Dayton, Ohio.
• We served as bond counsel in connection with the issuance of $14 million in tax-exempt variable rate limited obligation revenue bonds for the construction of the Montgomery County Job Center in Dayton, Ohio.
• We provided counsel to the bank providing a letter of credit to support over $28 million in tax-exempt health care facilities revenue bonds for the construction and equipping of a new hospital campus for a regional hospital in northwest Ohio.
• We counseled the bank group providing financing for a portion of the costs of the Dayton Dragons Baseball Stadium.
• We acted as bond counsel in connection with the issuance of $25 million in State of Ohio (Ohio Water Development Authority) Solid Waste Revenue Bonds (Waste Management, Inc. Project).
• We served as underwriter’s counsel in connection with the issuance of $6.8 million in State of Ohio Transportation Project Revenue Bonds (State Transportation Infrastructure Bond Fund) (Akron-Canton Regional Airport Authority Project).
• We acted as underwriter’s counsel in connection with the issuance of $140 million in State of Ohio General Obligation Highway Capital Improvements Bonds Series I.

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Real Estate

• We represented a leading real estate investment trust, as landlord, in the development and implementation of a national tower leasing program.
• We assisted in the sale and lease-back of more than 3,000 cellular towers in a multi-state, multi-tranche transaction, including master lease arrangements with national cellular tower operating companies.
• We provided counsel regarding the ground lease of lakefront property for a museum facility subject to FAA approvals.
• We are representing a city government that is co-owner with Hamilton County, Ohio and the developer, Riverbanks Renaissance, LLC, in structuring and negotiating a joint master development arrangement and the financing of public roads and garages in connection with the development of approximately 18 acres of prime real estate in downtown Cincinnati on the Ohio River. It is a phased project involving the construction of approximately $80 million worth of roads and parking facilities (to take the project out of the floodplain) with a private, mixed-use development of approximately 2.8 million square feet on top and a premiere five-acre flagship riverfront park.
• We have represented a national financial institution in more than $116 million in construction and bridge loans to the developer and operator of medical office buildings on hospital and university campuses in Kentucky, Maine, Virginia, Michigan, California and Florida.
• We represented the developer of the Schuster Performing Arts Center, Offices and Residential Condominiums in Dayton, Ohio, which includes an $80 million world-class performing arts center, a 17 story tower with office condominiums on the lower eight floors and luxury residential condominiums on the upper nine floors.
• We represented the village of South Lebanon, Ohio with respect to a tax increment financing for a $475 million retail development to be known as Rivers Crossing, featuring an open-air mall anchored by Dillard’s and a big-box retail center called Rivers Crossing Marketplace with a Kohl’s and a Meijer. The project includes more than 230,000 square feet of office space and a planned 327-unit townhouse and condominium development.

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Real Estate - Land Use

• We won the largest-ever eminent domain trial in Ohio, enabling the city of Cleveland to expand Cleveland Hopkins International Airport. Cleveland owned a 180-acre parcel of land slated for future airport use, and neighboring city Brook Park filed an eminent domain action to try to take the land. Cleveland needed to win the eminent domain battle because the land at issue was the only reasonable location available for airport expansion, including a new runway. Building an entirely new airport was not an option. At stake was billions of dollars in economic development and the future growth of the Northeast Ohio region tied to airport expansion. We prevailed after a four-week trial. The Cleveland Plain Dealer hailed the trial victory as a victory for the entire Northeast Ohio region.
• We served as lead trial counsel for the Cleveland-Cuyahoga County Port Authority in the five-week trial of a consolidated eminent domain proceeding to acquire 14 separate parcels from commercial property owners on the east bank of the Flats in downtown Cleveland for the largest downtown Cleveland real estate redevelopment project in over 30 years, a $400 million mixed-use housing and retail project for redevelopment of property along the Cuyahoga River at the mouth of Lake Erie. The Port Authority was successful in convincing the Court of Common Pleas to grant its motion to consolidate all 14 cases filed to a single proceeding on the Port Authority's right to take the property. Although the U.S. Supreme Court ruled that, under the U.S. Constitution, economic development may be used as a purpose for a taking, the Ohio Supreme Court in a subsequent decision in June 2006 unanimously held that economic development cannot be used as the sole basis for the use of eminent domain in Ohio. This litigation was the first significant case following the Ohio Supreme Court decision where the limits of this ruling were tested and where a Port Authority's right of taking for other statutory and Ohio constitutional purposes, independent of economic development, was recognized in the state of Ohio. The court dismissed all of the property owners' counterclaims and denied the property owners' attempts to join the city of Cleveland and the redeveloper in this litigation. After the trial, all property owners agreed to settle their matters, allowing this catalytic Cleveland redevelopment project to proceed.
• We represented a client in the reconstruction of 40 miles of electric transmission lines across vacant land, commercial properties and private residences. The diverse landscape created more than 60 eminent domain cases covering a range of issues, including the impact of electromagnetic fields upon nearby property value, assignment of proceeds from the sale of timber cut for the right-of-way, the usefulness of a severed portion of property and constitutional challenges. Many matters were settled by our successful challenge of property owners’ appraisers and their methodology, while the minimal number of courtroom trials were resolved pre-verdict.
• We launched eminent domain proceedings on behalf of our client, a telephone company, that was forced to defend itself against the loss of its lease agreement, eviction actions and possible taking of a building that housed its communications cables. The court determined the telephone company could appropriate the property and that the taking was necessary for a public purpose.
• We assisted our client, a wireless communications company, in obtaining zoning board approvals for the siting of cell phone towers and in handling appeals in common pleas court as it worked aggressively to build its network across multiple Midwestern counties.
• We represented the Cleveland-Cuyahoga County Port Authority in its successful eminent domain action to assemble land for a multi-use residential, retail, commercial and recreational development at the mouth of the Cuyahoga River and Lake Erie in Cleveland, Ohio.
• We assisted in obtaining a multimillion dollar jury verdict on the valuation of industrial land appropriated for an intermodal terminal.
• We provided comprehensive representation for property owners holding three of four quadrants at a $19 million interchange involving bridge, utility and roadway relocation.
• We represented the owner of a 380-acre vacant parcel through the process of designating the parcel as a planned until development commenced consisting of residential, office, commercial and “green space” properties with a market value in excess of $200 million.
• We represented an international natural resources company in connection with the rezoning of a major port complex.
• We represented an international company that conducts auction sales of industrial equipment in the zoning of land on Interstate 70 near Springfield, Ohio, for the development of an auction facility.
• We represented a cellular telephone provider in an appeal to the court of common pleas in defending an easement for a cellular monopole granted by a municipal BZA in accordance with Ohio law and the Federal Telecommunications Act.
• We represented a utility in connection with the acquisition of its property by a municipality for highway purposes.
• We represented a property owner in its fight against the appropriation of the largest remaining underdeveloped parcel of land in Cuyahoga County, Ohio. The land owner challenged both the right to take and the valuation by Norfolk Southern Railroad of land to be used for parking truck trailers at a new intermodal facility. The railroad prevailed on the taking but we secured a jury verdict awarding compensation of more than six times higher than the railroad’s initial offer.
• We represented a land owner in eminent domain proceedings brought in connection with highway acquisitions.

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Telecommunications

• We counsel providers of fiber optic networks traversing multiple geographic areas on issues including municipal and rural zoning and right-of-way issues, technology assessment and service-level contracting.
• We assisted a client with the documentation of a multi-party consortium for the development of rural fiber ring, including inter-company contracts, pole attachment and bandwidth arrangements.
• We serve as counsel to broadband service providers, both for-profit and not-for-profit, in the development and negotiation of comprehensive network interconnection and service arrangements.
• We counsel telephone common carriers and wireless service providers in applications for licenses and certificates of authority, tariff matters and the resolution of complaints.
• We provide counsel to carriers and purchasers in market dispositions in connection with wireless company mergers.
• We assisted in documenting a joint venture transaction involving two leading wireless companies for the sharing of market network infrastructure.
• We represent national wireless companies, as tenants, in cellular tower lease arrangements.
• We serve as technology and regulatory counsel to multiple independent telephone companies, advising on technology deployment and diversification, including Internet access and competitive local services; the development, submission and approval of financing; ratemaking; and corporate matters.

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