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Real Estate Litigation

Contacts

Deborah B. Baum
Partner, Washington, DC
T: +1.202.663.8772
William M. Bosch
Partner, Washington, DC
T: +1.202.663.9392
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Pillsbury’s highly regarded Real Estate Litigation team has successfully resolved complex cases ranging from eminent domain, environmental and land use matters to construction, insurance and finance-related disputes.

Pillsbury’s Real Estate Litigation team handles real estate-related disputes for property owners, developers, investors, tenants, lenders, joint ventures and public-private partnerships, and many other parties in and out of court throughout the United States. We also regularly represent utilities, government agencies, REITs and transportation-sector clients such as railroads when they face challenges specific to their industries. Working collaboratively with our real estate, environmental, financial services, insolvency and tax colleagues, we draw on the experience of the lawyers who structure and negotiate the underlying transactions, and those who navigate state and federal regulations. This comprehensive approach leverages deep knowledge and a 360-degree perspective and assures a clear picture of the deal history, challenges and the parties’ intent, placing our clients at a distinct advantage to obtain favorable results.

The Real Estate Litigation team has represented clients in disputes involving life sciences and information technology facilities; power generation, transmission and cogeneration facilities; utilities and transportation—as well as office building, hotels, resorts, and commercial/residential mixed-use projects. Always proactive, we guide clients throughout all stages of a real estate project, identifying potential issues and suggesting ways to help them limit their exposure and risk.

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Our real estate litigators resolve disputes involving a variety of issues including:

  • Eminent Domain
  • Inverse Condemnation
  • Financial Disputes
  • Commercial Leases and Housing
  • Land Use & Zoning
  • Environmental Matters
  • NEPA/CEQA Compliance
  • Property Taxes
  • Easements/ Boundaries
  • Development and Construction
  • Distressed Real Estate Assets
  • Insurance Coverage
  • Public-Private Partnerships

Our Real Estate Litigation practice is an active participant in a wider Real Estate and Construction Industry Team—a comprehensive cross-disciplinary team with broad and in-depth experience in a broad array of industry sectors.

Representative Experience

  • Negotiated favorable settlements for investors and financial institutions in large-scale real estate and construction litigation (with purported class actions), in cases alleging fiduciary breaches and threatened federal enforcement actions.
  • Litigated National Environmental Policy Act nuclear cases and cases involving decisions by federal agencies including the Department of the Interior, the Postal Service and the Department of Transportation.
  • Represented railroad in a valuation proceeding for 1,850 miles of pipeline easements on railroad property. The 265-day trial spanned four years and resulted in a $100 million judgment for back rent.

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  • Eminent Domain Disputes
    • Represented American Indian tribe taking land in federal trust.
    • Represented major railroad in eminent domain matters for major highway infrastructure projects impacting railroad operations.
    • Represented real estate management company in the first major case testing the limits of the Supreme Court’s landmark decision addressing the government’s right to take private property for economic development.
  • Inverse Condemnation Disputes
    • Secured $4.5 million inverse condemnation settlement for a major railroad against a local county government offering just $20,000.
  • Financial Disputes
    • Provided risk and asset analysis of major real estate investment portfolios for some of the nation’s largest institutional investors, asset managers and investment advisers.
    • Represented major financial institution in bankruptcy litigation involving an elaborate Ponzi scheme financed by real estate transactions.
    • Appeared on behalf of a Korean investment bank before an ICDR international arbitration tribunal in a complex contract dispute.
    • Handled litigation for several major financial institutions arising from fraudulent transactions by mortgage brokers and loan originators in schemes involving multiple lenders/investors and subprime lending practices, securing substantial recovery of investments.
  • Commercial Lease and Housing Disputes
    • Secured victories and favorable settlements for clients involved in partnership disputes, landlords seeking to recover unpaid rent, and a publicly traded REIT involved in a commercial lease dispute with a landmark Washington, DC, restaurant.
    • Defended REITs, cities and county housing authorities against a variety of civil rights and race discrimination claims.
  • Zoning Disputes
    • Represented educational institutions in campus housing and disputes with the public.
    • Protected REIT client’s planned urban development through a successful appeal.
  • NEPA/CEQA Disputes
    • Represented citizens’ group in successful challenge a city’s approval of an option agreement for a downtown land sale to build a new major league baseball team’s stadium.
  • Environmental Litigation
    • Litigated claims for property damage caused by asbestos-containing fireproofing material.
    • Defended city against a CERCLA claim for indemnity and contribution brought by a shopping center operator alleging that leaks from a sewer contaminated its property.
  • Property Tax Disputes
    • Representing Native American tribes, won reversal of district court’s summary judgment before the 9th Circuit Court of Appeals, enabling joint venture to operate without liability for county property taxes.
    • Represented Fortune 50 energy company before both the California Assessment Appeals Board and the trial court to reduce property taxes on one of the company’s major refineries.
    • Obtained broad injunctive relief and civil contempt orders for a client, protecting its $18 million investment in real estate-based entities.
    • Represented leading satellite television provider appealing property tax assessments for equipment throughout multiple counties in California, and in appealing various property tax assessments in Los Angeles County.
  • Easement/Boundary Disputes
    • Resolved easement and boundary disputes involving train track and pipelines.

Practice Area Highlights

  • Best Lawyers Best Law Firms National Tier 1 Litigation – Real Estate ranking (2023 – 2025).
  • Pillsbury is recognized as among the most feared law firms for litigation by BTI Consulting Group.
  • Clients told Chambers USA that Pillsbury’s real estate team and its lawyers offer “[t]op-flight client service,” “deep commercial awareness,” “quality of work” and “timeliness of turnaround.”

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  • Pillsbury’s real estate team and its lawyers are repeatedly recognized by Chambers USA and The Legal 500 U.S. and praised by clients as “technically excellent,” “efficient, responsive and knowledgeable.”
  • Pillsbury was ranked among the top 10 “Leading Real Estate Law Firms” by Commercial Property Executive, a publication that covers the commercial real estate industry’s key trends, issues and concerns.

Resources

Factsheet

Development Life Cycle Map

2024 MOST FEARED FIRMS

BTI Consulting recognizes Pillsbury as one of the most feared law firms in litigation.

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