Real Estate

For decades, Brownstein Hyatt Farber Schreck has been a nationally recognized leader in real estate law. We are known throughout the U.S. for the scale and prestige of our work, and our industry relationships are second to none. Through a multi-disciplinary real estate practice, we take a business-oriented approach to providing practical solutions to today’s real estate market challenges. This isn’t an academic practice of law; this is real-world representation that prioritizes your complete business success.

We represent sellers, purchasers, landlords, tenants and governments with respect to all facets and in all sub-specialties of real estate law. With one of the largest practices in our region, we can provide the team depth to handle today’s sizable real estate transactions on a national scale. With us you get full-featured, comprehensive real estate representation.

Contacts
Aaron M. Hyatt 303.223.1107 ahyatt@bhfs.com
Carolynne C. White 303.223.1197 cwhite@bhfs.com
Recognition

Chambers USA, 2017

Colorado: Real Estate

What the team is known for: A standout firm that remains a top choice for clients for a range of property-related matters. Draws on a bench of experienced attorneys that excel in all areas of real estate issues, including finance, zoning and construction. Works with a diverse client base that includes REITs and developers.

Strengths: One client comments that it is "an A+ team across the board."

Another notes that the team is "very skilled at navigating personalities in complex deals."

Nevada: Real Estate

What the team is known for: Established practice noted for its expert handling of real estate matters across the gaming and hospitality industries. Fields a solid group of practitioners with a wealth of experience in financing, acquisition and development transactions. Shows particular skill in REIT structuring and transactions.

Strengths: The team is praised for its personal and detailed approach: "They're really great, detail-oriented and hands-on."

    Representative Matters
    • Has represented the Hollister Ranch Owners Association on issues relating to the Coastal Act. In recent years, Brownstein has represented the Association in litigation against the California Coastal Commission and State Coastal Conservancy related to public access.

    • Advises various property owners at Hollister Ranch, a private coastal community that includes 135 parcels of 100 acres each, with respect to public access issues.

    • Assisted client in preparing remediated property for sale to park foundation in the middle of heavily industrialized area of Los Angeles County with no nearby park serving local residents. Services included negotiating and documenting sale, drafting appropriate deed restrictions to prevent change of use that could expose seller to risk of liability, resolving/clearing title issues, drafting lease agreement, coordinating with buyer in negotiations with regulatory agencies for bona fide purchaser status under California Land Reuse and Revitalization Act of 2004 (CLRRA), Prospective Purchaser agreement, agreement and covenant not to sue (from DTSC), land use covenant and agreement for environmental restrictions, and related documents. Transaction was completed timely.

    • Serves as land use counsel to Cate School, a prestigious private high school on California's Central Coast. The campus includes 178 acres, 320,000 sf of existing structures (dorms, classrooms, administrative buildings, faculty housing and the like), 640,000 sf of impervious surfaces (including parking for 187 cars), and 585,000 sf of recreational open space (playing fields and the like). The school has existed on the site since 1913. It has secured approval for an update to its Master Plan under which it would construct 180,000 sf of new buildings, 101,000 sf of additional impervious surfaces, and six new faculty homes. An EIR was prepared for the project, and the Master Plan has been approved by the Santa Barbara County Planning Commission. Brownstein has been closely involved in the permitting and environmental review process, including reviewing EIR comment letters and responses to comments, and represented the school before the Planning Commission.

    • Represented the owner in connection with the creation of a mixed-use condominium in Denver, Colorado.

    • Represented CoBank, FCB, as tenant, under a build-to-suit lease in connection with the construction, financing and leasing of a new 270,000 square foot office building for CoBank's new headquarters.

    • Provided real estate diligence in support of litigation to open the Torcido Creek road as means of access to Taylor Ranch property for beneficiaries of Colorado Supreme Court decree in the landmark case of Lobato v. Taylor, 70 P.3d 1152 (Colo. 2003), which confirmed rights of descendants of Mexican settlers to access to land under Spanish land grant of 1884 and confirmed in the Treaty of Guadalupe Hidalgo ending the Mexican/American war.

    • Represented a Southern California neighborhood association objecting to a Local Coastal Program Amendment and a Public Works Plan proposed by a regional open space agency, including extensive proceedings before the Coastal Commission and subsequent litigation and appeal.

    • Represented a group of coastal property owners who successfully objected to proposed amendments to Santa Barbara County's coastal zoning ordinance (a portion of the Local Coastal Program) which threatened to significantly and adversely affect private property rights.

    • Represented city in challenge to coastal zone land use authority by oil and gas facility.

    • Represented a housing developer in securing a Local Coastal Plan amendment and Coastal Development Permit for a 25-unit single family housing project, and then handled the subsequent litigation and appeal.

    • Represented CBS Outdoor Inc. on Denver compliance and land use issues involving outdoor advertising devices, including matters involving ordinance changes to the Denver sign code.

    • Represented the developer of a mixed-use commercial and residential development in Denver in the negotiation and development of a suite of construction contracts for the project.

    • Represent DLJ Real Estate Capital Partners in connection with the management of a portfolio of hotels in New Jersey, North Carolina and Virginia.

    • Served as local gaming, corporate and real estate counsel to Harrah's Entertainment, Inc. in connection with a $750 million second lien notes tack-on and issued Nevada counsel opinions.

    • Represented Lehman Brothers Holdings, Inc. in drafting and negotiating a deed in an aid of foreclosure agreement and ancillary documents for a $11.4 million loan on a resort in Breckenridge, Colorado. Brownstein finalized the deed in aid transaction and Public Trustee foreclosure.

    • Represented ABN Ambro Bank, N.V. in the sale of a distressed loan secured by real property in Henderson, Nevada.

    • Ongoing provision of a wide range of services as City Attorney for city, including drafting ordinances, prosecuting and defending against litigation on a broad range of public agency matters, attending and representing public agency at City Commission and City Council meetings, and advising city regarding Open Meetings, Public Records Act, code enforcement, land use, CEQA, public contracting, property transaction, and related matters.

    • Land use entitlement, CEQA compliance and environmental permitting, for complex 300 high-end single family residential unit project in canyons of Orange County.

    • Represented DLJ Real Estate Capital Partners in regards to a portfolio of nine hotel management agreements.

    • Negotiations with the EPA regarding hexavalent chromium issues and potential responsible parties involving the contribution for remediation.

    • Represented Writer Square 08 A, LLC in the acquisition of Writer Square, a mixed-use retail and office property located in downtown Denver.

    • Represented a major hotel developer in enforcement action and vested rights determination, before the Coastal Commission for property in Laguna Beach.

    • Represented the purchase/redeveloper of an environmentally contaminated 3.5 acre site in downtown San Francisco to be developed into a $200 million mixed-use project compound on 400 residential units and 50,000 square feet of communal space.

    • Represented owner of mixed-use condominium and retail development project in Chapter 11 reorganization and mechanics liens proceedings.

    Meet The Team

    Edward N. Barad Shareholder T 303.223.1108 ebarad@bhfs.com
    Nicole R. Ament Shareholder T 303.223.1174 nament@bhfs.com
    C.J. Chapman Shareholder T 303.223.1243 cchapman@bhfs.com
    Bruce A. James Shareholder T 303.223.1167 bjames@bhfs.com
    Rob Kaufmann Shareholder T 303.223.1176 rkaufmann@bhfs.com
    Aaron M. Hyatt Shareholder T 303.223.1107 ahyatt@bhfs.com
    Alicia Harrison Senior Land Use Project Manager T 805.882.1442 aharrison@bhfs.com
    Patsy Stadelman Price Senior Land Use Project Manager T 805.882.1424 pprice@bhfs.com
    Bryce H. Beecher Of Counsel T 303.223.1124 bbeecher@bhfs.com
    Norman Brownstein Shareholder T 303.223.1101 nbrownstein@bhfs.com
    Peter N. Brown Shareholder T 805.882.1401 pbrown@bhfs.com
    Steven A. Amerikaner Shareholder T 805.882.1407 samerikaner@bhfs.com
    Sean M. Bahoshy Shareholder T 303.223.1229 sbahoshy@bhfs.com
    Amy J. Diaz Shareholder T 303.223.1234 adiaz@bhfs.com
    Andrew C. Elliott Shareholder T 303.223.1154 aelliott@bhfs.com
    Beth Collins-Burgard Shareholder T 805.882.1419 bcollins@bhfs.com
    Dustin S. Charapata Associate T 303.223.1236 dcharapata@bhfs.com
    David A. Curfman Shareholder T 303.223.1169 dcurfman@bhfs.com
    Diane C. De Felice Shareholder T 310.500.4613 ddefelice@bhfs.com
    Jennifer Eiteljorg Shareholder T 303.223.1162 jeiteljorg@bhfs.com
    Marc C. Diamant Shareholder T 303.223.1132 mdiamant@bhfs.com
    Steven W. Farber Shareholder T 303.223.1109 sfarber@bhfs.com
    Tal Diamant Shareholder T 303.223.1235 tdiamant@bhfs.com
    Abby L. Kirkbride Associate T 303.223.1161 akirkbride@bhfs.com
    T. Alexandra Koenig Associate T 303.223.1238 akoenig@bhfs.com
    Catherine A. Hildreth Associate T 303.223.1263 childreth@bhfs.com
    Christopher A. Jacobs Shareholder T 805.882.1412 cjacobs@bhfs.com
    Donald L. Kortz Of Counsel T 303.223.1147 dkortz@bhfs.com
    Reid M. Galbraith Associate T 303.223.1239 rgalbraith@bhfs.com
    Arthur K. Griffin Associate T 303.223.1264 agriffin@bhfs.com
    Michael Vikram Kapoor Associate T 303.223.1387 mkapoor@bhfs.com
    Michael W. King Shareholder T 303.223.1130 mking@bhfs.com
    Philip A. Gosch Shareholder T 303.223.1170 pgosch@bhfs.com
    Shane C. Griffin Associate T 303.223.1259 scgriffin@bhfs.com
    Suzanne R. Kalutkiewicz Consulting Attorney T 303.223.1131 skalutkiewicz@bhfs.com
    Andrew L. Meyers Shareholder T 303.223.1193 ameyers@bhfs.com
    Angela Turriciano Otto Shareholder T 702.464.7064 aotto@bhfs.com
    Blair E. Lichtenfels Shareholder T 303.223.1190 blichtenfels@bhfs.com
    Hirsch L. Neustein Associate T 303.223.1298 hneustein@bhfs.com
    Matthew R. Nyberg Shareholder T 303.223.1153 mnyberg@bhfs.com
    Ron Merrill Consulting Attorney T 303.223.1266 rmerrill@bhfs.com
    Rebecca L. Miltenberger Shareholder T 702.464.7052 rmiltenberger@bhfs.com
    Charles J. Smith Associate T 303.223.1289 cjsmith@bhfs.com
    Caitlin Quander Associate T 303.223.1233 cquander@bhfs.com
    Elizabeth D. Paulsen Shareholder T 303.223.1187 epaulsen@bhfs.com
    Hillary H. Steenberge Associate T 805.882.1432 hsteenberge@bhfs.com
    Kate B. Stevenson Law Clerk T 303.223.1280 kstevenson@bhfs.com
    Michael P. Smith Associate T 303.223.1150 msmith@bhfs.com
    Noelle Riccardella Shareholder T 303.223.1204 nriccardella@bhfs.com
    Robert H. Steinhoff Associate T 303.223.1125 rsteinhoff@bhfs.com
    Susan F. Petrovich Shareholder T 805.882.1405 spetrovich@bhfs.com
    Tai J. Palacio Law Clerk T 303.223.1276 tpalacio@bhfs.com
    Zachary J. Siegel Associate T 303.223.1155 zsiegel@bhfs.com
    Ana Lazo Tenzer Shareholder T 303.223.1156 altenzer@bhfs.com
    Ashley B. Wingfield Shareholder T 303.223.1218 awingfield@bhfs.com
    Bob Weiss Of Counsel T 310.500.4620 rweiss@bhfs.com
    Carolynne C. White Shareholder T 303.223.1197 cwhite@bhfs.com
    Gregory A. Vallin Shareholder T 303.223.1103 gvallin@bhfs.com
    Jacob P. Whitted Associate T 303.223.1209 jwhitted@bhfs.com
    Rick D. Thomas Associate T 303.223.1212 rthomas@bhfs.com
    Sonia Church Vermeys Of Counsel T 702.464.7066 svermeys@bhfs.com
    Andi M. Stader Paralegal T 303.223.1398 astader@bhfs.com
    Heather S. McGraw Paralegal T 303.223.1334 hmcgraw@bhfs.com
    Judith M. Cloutier Paralegal T 303.223.1381 jcloutier@bhfs.com
    Jean M. Harrison Paralegal T 303.223.1383 jharrison@bhfs.com
    Julie A. Graham Paralegal T 303.223.1305 jgraham@bhfs.com
    Karen R. Smith Paralegal T 303.223.1390 ksmith@bhfs.com
    Kathy L. Oster Paralegal T 303.223.1343 koster@bhfs.com
    Kathy Golden Paralegal T 303.223.1431 kgolden@bhfs.com
    Kimberly A. Mumford Paralegal T 805.882.1478 kmumford@bhfs.com
    Kara Kenfield Paralegal T 303.223.1485 kkenfield@bhfs.com
    Margaret H. Cawthra Paralegal T 303.223.1358 mcawthra@bhfs.com
    Penny G. Lalonde Paralegal T 303.223.1337 plalonde@bhfs.com
    René M. Starry Paralegal T 303.223.1408 RStarry@bhfs.com
    Greta E. Johnson Paralegal T 303.223.1484 gejohnson@bhfs.com