Real Estate & Construction Litigation

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Successfully resolving complex real estate disputes often requires a double-barreled approach: knowledge of the law and knowledge of the real estate business. The attorneys that comprise our real estate litigation group know this area of law and its interwoven fabric of statutes, case law and regulations. Working closely with our best-in-class real estate transaction practice, we possess extensive knowledge of the real estate and construction industries, their unique standards, characteristics and practices, and the complex issues that lead to disputes.

We are highly effective at resolving disputes through settlement negotiations, mediation and arbitration. But when disputes cannot be resolved through these channels, our experience and aggressive pursuit of our clients’ rights in the courtroom set us apart from other firms. Our seasoned litigators and decades of trial experience before state and federal courts and administrative agencies give our clients a distinct advantage.

Experience
  • Counsel to global institutional investment management firm regarding real estate issues (including mortgage, as-extracted collateral security, and mechanic’s liens) related to $450,000,000 loan to Essar Steel Minnesota to finance the completion of its $1.8 billion taconite plant in Nashwauk, Minnesota.
  • Represented owner of historic, 1,300 unit apartment complex in Minneapolis, Minnesota obtaining dismissal of lawsuit seeking to eliminate numerous easements providing virtually all of the access and utility services to the complex. In re Crablex, Inc., 762 N.W.2d 247 (Minn. Ct. App. 2009) rev. denied.
  • Represented national title insurer in successful action to enforce an escrow agreement providing that $2,400,000 in escrow funds could be used by title insurer to settle mechanic’s lien claims against large Minneapolis condominium project.
  • Represented engineering firm in complex mediation and settlement of $4,000,000 breach of contract and mechanic’s lien foreclosure dispute with engineering, procurement and construction contractor related to the installation of a dry sorbent injection system at a coal-fueled, thermal electric generating plant in Illinois.
  • Represented national, big-box, sporting goods retailer and obtained dismissal of all claims in $15,000,000 breach of lease claim by national shopping center developer related to the construction and lease of building in Detroit, Michigan suburb. Chesterfield Exchange, LLC v. Sportsman’s Warehouse, Inc., 572 F.Supp.2d 856 (E.D. Mich. 2008).
  • Prevailed on behalf of property owner in complex bankruptcy adversary proceeding involving issues related to alleged post-petition transfers and violations of the automatic stay.  In re Hecker, 496 B.R. 541 (B.A.P 8th Cir. 2013).
  • Represented national title insurer in obtaining summary judgment dismissal of coverage, consumer fraud and false advertising claims brought by insured. 266 Summit, LLC v. Lawyers Title Ins. Corp., 2011 WL 3020301 (D. Minn. 2011).
  • Represented residential developer obtaining Minnesota Court of Appeals reversal of County Board’s denial of preliminary plat for proposed new residential development in Scott County. Zweber v. Scott Co. Bd. of Commissioners, 2010 WL 2733275 (Minn. Ct. App. 2010).
  • Represented architect in successful $350,000 mechanic’s lien foreclosure related to work performed on senior living center project that was abandoned before construction began.
  • Counsel to national telecommunications firm in successful defense of zoning and environmental impact appeal challenging firm’s planned installation of a cellular phone antenna tower in Northern Minnesota.
  • Represented national title insurer on summary judgment dismissal of insured’s claimed $600,000 loss after insured sold the property for more than fair market value. Court held there was no loss. Associated Bank, N.A. v. Stewart Title Guaranty Co., 881 F.Supp.2d 1058 (D. Minn. 2012).  
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