Land Use & Development
Putting land use law to work to keep development projects moving
A growing population and expanding development means land use issues are increasingly complex. Evolving policies and swelling public interest can make even the simplest development projects controversial. You need legal counsel that gets all the facets of your development project from land use and entitlement to disposition. You need Brownstein’s nationally ranked real estate team.
At Brownstein we draw on decades of experience in public and private sectors across the country, working with municipalities and economic development organizations on major development projects. In tune with market forces and constantly assessing expectations during the negotiation process—we help complete projects with fewer complications. We guide the entire development process, setting objectives and handling matters of due diligence, land use, entitlements, acquisition and disposition, environmental concerns, financing and construction, contracts, title and mineral issues. We assist development clients with financing, including public financing, mezzanine debt structure and equity investments, as well as positioning property for sale. We get results for our clients that go beyond getting the deal done. We’re always anticipating what’s next on the development and land use horizon for you and your objectives.
Recognition
Conserving 12,000 Acres of Critical Habitat in Colorado
Brownstein tackles big challenges at the intersection of law and policy. In 2019, Colorado Parks and Wildlife identified Buffalo Horn Ranch as its top priority for protection of a critically important wildlife migration corridor. We led the legal effort to conserve 12,000 acres of land on the ranch with two conservation easements after an effort over several years by multiple public and private stakeholders, including state agencies, Great Outdoors Colorado, Rocky Mountain Elk Foundation and the National Fish and Wildlife Foundation. A premier hunting destination with the largest migratory elk herds in Colorado, the Buffalo Horn Ranch provides important habitat for elk and mule deer as well as greater sage-grouse, bald eagle, ferruginous hawk and burrowing owl. The conservation easements will protect this habitat for generations.
An Unprecedented Settlement for a Housing Developer
We successfully delivered a housing developer client an unprecedented settlement with the City of Ojai following a contentious land use process and a CEQA lawsuit and referendum. Brownstein’s team was brought in to serve as land use and litigation counsel and ultimately negotiated a settlement with the City of Ojai to streamline permitting for 98 units (including 32 deed restricted affordable units) on four properties. Ultimately, the city unanimously approved the settlement agreement which not only discounted development fees, and provided other significant benefits to the developer, but also set aggressive deadlines for processing entitlements and building permits.
Transforming Rockies’ West Lot into a Vibrant Mixed-Use Development
When the owner of the Colorado Rockies sought to develop what has been deemed one of “downtown Denver’s most ambitious construction projects in years,” Brownstein was tapped to turn this dream into a reality. McGregor Square, an award winning 659,000 square-foot mixed-use development, will be a year-round destination for fans, visitors and local residents. The Brownstein real estate team was instrumental in securing its home—a former parking lot adjacent to Coors Field— via a 99-year ground lease. McGregor Square houses a Colorado Rockies Hall of Fame facility, a full-service hotel, 234,000 square-feet of office space, 65,000 square-feet of retail space, 114 residential condominium units and an outdoor plaza with state-of-the-art audio-visual technology for concerts and entertainment.
Our Team
