Real EstateOverviewSuccessful real estate projects and transactions demand close attention to numerous business, financial, and legal elements. Michael Best’s Real Estate team applies our deep experience in all areas of finance, construction, environmental, and real estate law to help our clients reach their goals — on time and on budget. We represent local, regional, and national clients in every segment of the real estate industry, including owners, developers, contractors, brokers, lenders, architects, and tenants, as well as nonprofit, public sector, and educational clients.
Our multidisciplinary team has experience in every aspect of this complex field, assisting with issues such as:
- Project development and financing
- Real estate acquisitions and sales
- Procuring entitlements, permits, and approvals
- Environmental regulation and permitting
- Public-private partnerships and government relations
- Construction contracting and litigation
- Leasing and subleasing of commercial space
- Real estate litigation and alternative dispute resolution
- Distressed real estate transactions, workouts, and restructurings
Whether a client is considering buying, financing, or developing a real estate project, Michael Best provides comprehensive counsel on legal and business issues from start to finish. Our attorneys work with clients to proactively identify opportunities; structure transactions and financing; negotiate agreements; and get projects sited, permitted, built, and occupied.
Project Types
Our clients’ real estate projects span a wide variety of asset classes and industry sectors, including many large-scale developments and transactions in the following areas:
- Agriculture
- Education
- Entertainment, sports, and recreation
- Cultural and convention
- Energy
- Healthcare and medical
- Hospitality
- Industrial and manufacturing
- Infrastructure and public construction
- Mixed use
- Multifamily residential
- Office
- Retail
- Telecommunications
- Vacant land development
Service Areas
Project Development & Financing
Guiding clients through the process of developing single- and mixed-use projects across the United States, from land acquisition and zoning through financing, design, and construction, build-out, and leasing or sale, as well as advising institutional investors on financing strategies.
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Land Use & Zoning
Helping clients obtain all necessary government permits, licenses, and approvals for real estate projects; preparing and negotiating development agreements, land use applications, and other documents; advising clients and local governments in land use matters; and representing clients in court and in regulatory enforcement matters.
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Commercial Leasing
Assisting with the structuring and execution of complex commercial leasing arrangements; negotiating and drafting commercial property management agreements; and other legal matters related to the landlord-tenant relationship and property ownership.
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Tax Incremental Financing (TIF) & Tax Credits
Counseling on the formation of TIF districts and drafting related development agreements; structuring and issuing tax increment bonds; “pay-as-you-go” or developer-funded TIF arrangements, and a variety of federal and state development incentives.
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Construction & Construction Litigation
Advising clients from the inception to the close-out of a construction project and beyond, on matters such as construction contracts, siting and permitting, best practices and documentation, claim events, labor and employment matters, and litigation and alternative dispute resolution.
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Utilities & Telecommunications
Serving as counsel to utility, energy, and telecom clients in government relations and rulemaking, regulatory permitting for significant infrastructure, site acquisition, project financing and development, regulatory proceedings, rate regulation, asset sales and purchases, and environmental matters.
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Commercial Finance & Lending
When organizations enter into relationships with lenders and other business partners, the terms of those agreements are critical and often complex. Michael Best provides guidance for mutually beneficial relationships across the entire spectrum of finance options.
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Experience
- Advised a developer, owner, and operator of indoor water park resorts in all aspects of developing and financing a new property in Georgia. We assisted with land acquisition, securing local entitlements, negotiating and documenting construction and design delivery contracts, and structuring public and private financing. The 490,000-square-foot project will include a conference center, indoor waterpark, hotel, and related facilities, and will be a significant regional hospitality amenity for metro Atlanta.
- Served as general project counsel and issuer’s counsel to the Wisconsin Center District in all aspects of the development, financing, and construction of a 714,000 ft2 professional NBA basketball arena. Our team oversaw all elements of the $524 million project’s development and advised on all details of the arena public bond issuance, with an aggregate value of approximately $203 million. We also represented the District in the negotiation and drafting of an Arena License Agreement with a professional hockey team, securing the team’s presence in Milwaukee for years to come. The new agreement includes capital improvements to the arena plus new direct revenues.
- Represented a regional real estate developer in the second phase of a 200-acre mixed-use development in Wisconsin. We assisted with all aspects of the project, from planning through entitlements, financing, land acquisition, and development. The first phase was a 35-acre retail center, and the second phase consists of a 93-room hotel with an adjoining conference center, multifamily housing, senior housing, and single-family home sites. When fully developed, this project will add more than $90 million to the local tax base.
- Represented a developer in the historic redevelopment of a former mall property in Wisconsin that was long considered an eyesore, located on an otherwise redeveloped downtown street. The site presented significant drainage, traffic, parking, and title issues. We assisted with municipal approvals, complex financing (including tax increment financing), clearing title restrictions, joint development ownership issues, construction loans, and sales of the individual land parcels. The new development will include three upscale apartment buildings, a regional specialty grocery store, and three other commercial buildings.
- Represented a project developer and governmental authority in the development, commercial condominium structuring, and financing of a 1,000,000-square-foot professional hockey sports arena, hotel, office, and public parking multi-use urban infill development in downtown Allentown, Pennsylvania.
- Represented a developer in the acquisition, entitlement, public-private partnership structuring, commercial condominium structuring, development, financing, and leasing of a 500,000-square-foot build-to-suit office building (which included leasing with a public company tenant), parking, retail, multi-use urban infill development in downtown Madison, Wisconsin.
- Served as counsel to a developer in the acquisition, entitlement, financing, development, sale, and leasing of a 55-acre, 510,000-square-foot national retail power center in suburban Chicago, Illinois.
- Advised a national water park developer in the acquisition, entitlement, financing, and development of a 450-room water park resort in Fitchburg, Massachusetts.
- Represented a developer in the acquisition, entitlement, development, leaseback, construction, and financing of a utility plant to supply utilities to a major healthcare development in Grand Rapids, Michigan.
- Assisted a consortium of three private universities in the development, construction, operation, and leasing of a student dormitory and conference facility in downtown Chicago, Illinois.
- Represented a developer in the acquisition, development, and debt and equity financing of a medical office facility in Colorado Springs, Colorado.
Related People Preview Attorney's BiographyMichelle provides strategic counsel and representation to clients involved in a range of construction, real estate, and project development matters. Representative work includes complex real estate purchase, sale and leasing transactions, entitlement processes, easements, licenses and rights-of-entry agreements, developing and implementing best practices on large-scale, high-ticket construction and development projects, and more.  Preview Attorney's BiographyRenee has over 20 years of experience as a paralegal in both the environmental and real estate practice areas. She assists attorneys in all aspects of management and closing of residential and commercial real estate transactions. Renee has experience with drafting real estate documents, analyzing surveys and title documents and land use planning. Renee V. Exum* *Names that appear with an asterisk indicate a Michael Best professional not admitted to practice law.  Preview Attorney's BiographyThom brings deep knowledge and significant experience to his real estate and finance practice. His focus includes real estate development, urban redevelopment, municipal finance, land use and zoning, tax incremental financing, and general municipal law. Prior to joining Michael Best, Thom represented the City of Milwaukee as an Assistant City Attorney in the Office of the City Attorney.  Preview Attorney's BiographyMike is a member of the firm’s Management Committee and serves as the Firm Hiring Partner. He is also the former chair of the firm’s Transactional Practice Group. He is an experienced transactional attorney who serves as outside general counsel to many real estate investment and corporate clients, and is seen as strategic counselor and advisor.  Preview Attorney's BiographyRyan is a paralegal in the firm’s Transactional Practice Group. He performs detailed due diligence for commercial and agricultural real estate transactions throughout the country, with an emphasis in: Arkansas, Illinois, Idaho, Indiana, Louisiana, Michigan, Mississippi, Nebraska, Ohio, Oregon, and Wisconsin. Ryan conducts property research, ALTA/NSPS land survey analysis, title and policy review, and is responsible for drafting a wide range of transactional and closing documents. Ryan L. Habeck* *Names that appear with an asterisk indicate a Michael Best professional not admitted to practice law.  Preview Attorney's BiographyNancy is a partner in the Real Estate group. Her more than 30 years of experience covers a broad range of real estate law, including assisting clients in purchases, sales and leases of property, and development and zoning work; representing borrowers and lenders in real estate loans; assisting in foreclosures and workouts; advising on questions of condominium law; negotiating construction and architects' contracts; and assisting in real estate litigation.  Preview Attorney's BiographyKatie helps clients navigate real estate matters including financing, leasing, and acquisitions and dispositions. She works with lenders to negotiate and document financing transactions, and advises businesses and private equity firms on the purchase and sale of companies with significant real estate assets.  Preview Attorney's BiographyPaul crafts solutions to the business and legal challenges faced by his clients, who value his tenacity, responsiveness, and creativity. His practice concentrates on commercial real estate with a health care focus.  Preview Attorney's BiographyAs a member of the firm’s transactional practice group, Paul focuses on all aspects of commercial real estate, including: representation of clients from sole proprietorships to multiple Fortune 500 companies in complex lease negotiations as both landlord and tenant, representation of buyers and sellers of commercial property and agricultural land through all aspects of the purchase and sale process, including negotiation of purchase and sale agreements, coordination and review of due diligence, title and survey review, drafting and review of closing documents, and closing, and representation of clients in negotiations with governmental entities involving re-zoning, public financing, and numerous other entitlements and approvals.
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