Practice Areas & Industries: Buchanan Ingersoll & Rooney PC

Practice/Industry Group Overview

The Land Use Planning Litigation Group recognizes that clients are interested in hiring attorneys who have demonstrated levels of experience in the field. Our group comprises attorneys with experience in and knowledge about the wide-ranging issues that arise in the areas of real estate and land use planning, as well as the complex inter-relationship of business and legal issues. The group thus brings a practical perspective to solving client problems in an effective and efficient manner.

The group also enjoys the advantages of being part of a national, full-service law firm. Thus, when a client's litigation needs give rise to issues in other areas of the law -- such as construction, environmental, finance, insurance, tax, bankruptcy, corporate and labor -- we are able to draw upon the broader resources of the firm. When geographical considerations dictate, our regional offices work closely together to effectively serve our real estate and land use planning clients.

Litigation Experience

Our attorneys have years of litigation experience in real estate and land use planning matters. Our attorneys have litigated and/or are currently litigating matters concerning:

• adverse possession and prescriptive easements
• brokers and salespersons
• commercial real estate workouts
• condemnation
• condominiums
• confessions of judgment
• easements
• ejectment and quiet title actions
• eminent domain
• installment land contracts
• land use and development (including land acquisition, subdivision and zoning)
• leasing disputes
• lis pendens (preserving or restricting rights of title of purchasers while property is in litigation)
• mechanic's liens
• mortgage foreclosures
• oil and gas litigation
• premises liability
• tax exemptions and tax assessment appeals
• title insurance
• vendor/purchaser litigation
• wetlands

Representative Types of Clients and Projects

The following is a representative listing of some of the types of specific projects and clients for which we have provided litigation services:

• Obtained removal of a lis pendens filed by a general partner of a development which was preventing closing on a $17 million construction loan.
• Represented several regional shopping centers and the leasing agent for the Pittsburgh International Airport in leasing and other matters.
• Represented both local governments and private clients in various other condemnation, land use and zoning matters.
• Represent private culinary school in acquisition and development of a more than-150-acre campus, complete with housing, classrooms and recreational facilities.
• Represented many hospitals and nursing homes in obtaining tax exemptions for their real estate and have successfully defended challenges to the existing tax-exempt status of land owned by such entities, including matters before the Board of Property Assessment, Appeals and Review as well as trials before the Pennsylvania Courts of Common Pleas and Commonwealth Court.
• Litigated on behalf of a landlord the issue of whether an anchor tenant in a shopping center owed in implied duty of continuous occupancy to the landlord.
• Represented a natural gas company in condemning rights of way for natural gas pipelines.
• Successfully litigated a $25 million claim involving real estate special assessments in Florida.
• Served as general counsel for condominium associations throughout Pennsylvania and Florida.

By way of example only, these are some of the experiences we bring to the table. Please contact one of our attorneys if we can be of service to you or your organization regarding real estate or land use planning litigation.