Real Estate, Land Use
& Development
Preamble
Since the inception of the firm, the Real Estate, Land Use and Development practice has been a cornerstone of Fitzpatrick Lentz & Bubba’s success. Our real estate development and transactional attorneys work closely in providing exceptional service in acquisitions, sales, development financing, exchanges and all manner of real estate - related transactions. We routinely guide our clients in the entitlement process, taking the process through governmental approvals, and assist in overseeing development of projects large and small, through commencement of construction and to post-development project completion. In addition to our strong land use, subdivision and zoning practice, which includes local, state and federal agency and environmental matters, the real estate group also provides counsel in the areas of leasing, licensing and tax assessment appeals.
Fitzpatrick Lentz & Bubba (FL&B) is recognized as the dominant real estate practice in the Lehigh Valley and nearby regions, with the reputation for superior service and efficient results.
Services
Zoning and Land Development
Our attorneys are regularly involved in processing approvals for commercial, industrial and residential projects, working closely with local and state government agencies in development and construction projects. Our clients include local, regional and national developers and retailers and commercial and industrial businesses. The Group has also developed an expertise in representing wireless communication companies in zoning, land use and leasing matters.
FL&B’s attorneys assist its clients through all levels of the land use approval process. The Group’s services include:
- Preparation of zoning and land development applications. These submissions can range from seeking a minor variance for a client’s new office to use, subdivision and land development approval of an entire shopping center.
- Appearing before local planning and zoning boards. Among them, the three partners in the Real Estate Group have over fifty years combined experience practicing before these boards and regularly appear in support of their client‘s projects. On any night FL&B attorneys likely will be in several different municipalities providing representation to the firm’s numerous real estate clients. For example, in 2008 FL&B’s attorneys appeared before boards in over 50 municipalities in 10 of Pennsylvania’s Counties.
- Drafting amendments and rezoning petitions to zoning and land development ordinances.
- Handling governmental matters related to land development with agencies such as the Pennsylvania Departments of Transportation and Environmental Protection and the County Conservation Districts.
- Reviewing and negotiating documents associated with project approvals.
- Arguing zoning and land use decisions before the local Common Pleas Courts and the Commonwealth Court of Pennsylvania.
Telecommunications
We provide legal counsel to wireless providers and tower companies in the telecommunications industry. The Group has represented telecommunication providers in Pennsylvania since the early 1990's. The Group has handled land use matters throughout Eastern and parts of Central Pennsylvania, going as far west as Centre County and as far north as Tioga and Bradford Counties. We have successfully obtained approvals for more than 1,000 site locations in Pennsylvania.
We regularly:
- handle zoning and land use matters before municipal planning commissions, zoning hearing boards, supervisors, councils, and commissioners
- handle appeals of unfavorable decisions before the county courts of common please and appeals to commonwealth court
- negotiate with municipalities to find favorable site locations
- provide zoning analyses to our clients to assist in finding zonable site locations
Tax Assessment Appeals
We represent owners of residential, commercial and industrial real estate in Pennsylvania in the appeal of real estate tax assessments. These appeals involve appearances before local assessment authorities, the Courts of Common Pleas and Pennsylvania’s appeal courts.
Recent clients have included a certified class of over 300 residential homeowners in active adult communities and a Fortune 500 company with an industrial and office complex. One of the largest reductions in assessed valuation of property in Pennsylvania history was accomplished on behalf of a Fortune 500 client, as a result of an assessment appeal trial handled by our firm.
Real Estate Acquisitions
In tandem with the firm’s Corporate, Business & Banking Group, FL&B’s Real Estate Group represents clients in the acquisition, leasing and sale of residential and non-residential property, including office buildings, commercial and industrial properties, development parcels, residential and multi-family properties.
Other
Condominiums - FL&B prepares and reviews the required documentation to create residential and non-residential communities that comply with the requirements of Pennsylvania’s condominium and planned communities’ laws. The firm also represents owners’ associations in tax assessment appeals and matters related to governance of the condominium or planned community.
Residential Purchases- We assist individuals with the sales and purchases of their homes.
Title Insurance - Fitzpatrick Lentz & Bubba is a fully-authorized title agent, providing title services for residential and commercial real estate transactions.
Eminent Domain
Eminent domain is the process used by the government when it seeks to acquire private property for a public purpose. The early involvement of legal counsel in such proceedings is crucial to preventing the inappropriate taking of a property and to maximizing the just compensation paid to a property by the condemning entity for the taking of the property. The attorneys at Fitzpatrick, Lentz & Bubba, P.C. are experienced in real estate valuation, land use, environmental law and commercial litigation. This multidisciplinary expertise has served our attorneys in representing clients with a variety of property interests in actions relating to the taking of their property. Further, our attorneys have represented governmental agencies and utility companies in the condemnation of property interests providing experience in all facets of such matters.
Representative Matters
- Prevailed in obtaining for a Fortune 100 company zoning, subdivision and land development approvals for a 200,000-SF retail center in suburban Lehigh Valley.
- For over 25 years, handled on an ongoing basis municipal and related development approvals for major convenience stores, supermarkets, pharmacies and fast food retailers.
- Represented multi-national utility companies in obtaining land development approval for construction and expansion of a 25-acre solar energy facility.
- For over two decades, have provided legal direction and obtained entitlements for telecom carriers and tower owners, consisting of over 1,000 sites in more than half of Pennsylvania's counties.
- Successfully challenged property tax assessments before local taxing authorities and in appeals to the respective county, including a certified class action appeal on behalf of over 300 homeowners, and through appeal and trial, one of the largest assessment reductions in Pennsylvania for the international headquarters of a Fortune 500 company.
- Broke new ground on establishing and protecting the rights of a private property owner in a challenge filed by development opponents involving complex stormwater regulations.
- Led the development team in the entitlement, approval and build-out of the region's largest upscale lifestyle retail center, including consultation on project regulations and covenants.
- Litigated and resolved major condemnation claims for property owners and handled government takings and intrusions on private property, including federal highway taking seizure of retail buildings, parking lots and property rights.
- Counseled business partners and professional sports team ownership in major downtown arena and urban redevelopment project, working with private and government participants in the City's economic employment and construction growth initiative.
Our Real Estate Team
*Also admitted in New Jersey
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