Land-use counsel
for Virginia developers.
What can you build? What will it take to get there? What stands in the way?
I know what the law allows, what the land allows, and which way the political wind is blowing. I have lived development as a sponsor, not only as a lawyer. I understand the economics behind every delay and every choice in the process.
Who is running your approval?
Your deal team has an engineer, a surveyor, maybe a consultant or two.
Everyone does their piece.
No one owns the outcome, and you are left holding the bag.
Someone on your team must interpret the law, negotiate conditions, build cases, and argue for outcomes at the podium. These are legal skills. The strongest development teams have a lawyer working alongside their engineers, consultants, and project managers.
Entitlement Strategy & Pushback
Know which comments are law and which are preference.
Scope
- → Staff comments sorted: required, discretionary, or legally vulnerable
- → Pushback wherever appropriate
- → Understand when to redesign or escalate
- → Every condition translated into dollar impact
- → Never concede flexibility to adapt to market changes
Rezonings, Special Use Permits & Variances
When the current zoning won’t support the project, change the zoning.
Scope
- → Lead with the outcome, then build the engineering and legal case for it
- → Distillation of technical concessions to minimum legal requirements
- → Professional community meetings and neighbor outreach
- → Planning Commission and Board/Council hearings, argued effectively
- → Variances and zoning administrator appeals before the BZA
- → Conditions negotiated against pro forma impact
- → No deal-breaker concessions
Proffers & Conditions
Proffer what wins the vote, not what sinks the deal.
Scope
- → Every proffer tested against yield-on-cost
- → Proffer requests held to Virginia’s proffer statutes
- → Challenges to unreasonable proffer demands
- → Amendments, interpretation, and enforcement
- → No proffer your numbers can’t carry
Site Plan & Permitting
Code questions answered before submission, not in the comment letter.
Scope
- → Legal constraints separated from design preferences
- → Preliminary and final site plans
- → Stormwater and E&S control plans
- → VDOT entrance, grading, and building permits
- → Every open item tracked, chased, and closed
Transactions, Structure & Strategy
Standard legal work, through the eyes of a developer.
Scope
- → Acquisition due diligence
- → Purchase and sale, option, and ROFR negotiation
- → Development agreements, easements, and rights-of-way
- → Construction contract negotiation and review
- → Pro forma and deal structure review
- → Entity formation and governance
- → Local team building: engineers, surveyors, contractors, lenders
Land-Use Litigation
Ten years as a litigator. If it makes financial sense, I’ll go there.
Scope
- → Enforceable legal positions, not rhetorical ones
- → Review of whether the city/county has the power it asserts
- → Appeals of BZA decisions
- → Challenges to governing body decisions and defense of approvals
- → If all else fails, escalate to the courts