Overview
When real estate-related disputes occur, owners and developers of real property rely on Stinson's nationally recognized real estate attorneys to help them achieve resolution. Midwest Real Estate News ranked Stinson third on the list of the "2023 Best of the Best" in real estate law, with 3,561 completed real estate transactions throughout the Midwest.
We protect the private property rights of owners of real estate and other stakeholders. We protect those rights by obtaining land use approvals, enforcing development rights, and litigating land use disputes with government agencies or neighboring owners, if necessary. We fight to obtain "just compensation" for our clients if the government takes their property by eminent domain, or imposes overly harsh regulations. We reduce our client's real estate taxes when local assessors try to set "fair market values" that are far too high. And, we enforce the legal rights and remedies of every real estate stakeholder, including banks and other lienholders, buyers and sellers of real estate, and landlords and tenants.
Capabilities
We offer extensive experience resolving real estate disputes through negotiation, mediation, arbitration or litigation. We have successfully resolved a full range of real estate issues including landlord-tenant disputes, lease negotiation, enforcement, termination, eviction and collection; mortgage, contract-for-deed and mechanic's lien foreclosures; construction disputes; purchase agreement and option agreement disputes; title clearance; title insurance coverage; and land use matters.
In addition, our real estate litigators have extensive experience with condemnation and eminent domain matters. We have represented property owners, businesses and public agencies throughout the region in all facets of eminent domain issues affecting their properties, ranging in value from tens of thousands of dollars to millions of dollars.
Finally, our real estate litigators enforce the rights of financial institutions with security interests in real estate. Our representation of financial institutions extends to lenders' participation agreements, which often contribute to large commercial real estate lending. Commercial real estate litigation often requires establishing and managing receiverships during litigation. In recent years, our team has administered receivership matters for office buildings, hotels, restaurants, apartment complexes, residential development and manufacturing enterprises.
- Condemnation and eminent domain
- Inverse condemnation and taking claims
- Property tax protests
- Land use regulations
- Improper impact fees and exactions
- Zoning disputes
- Mortgage foreclosures
- Access issues
- Subdivision and development issues
- Special assessment appeals
- Lease disputes
- Unlawful detainer
- Contract cancellation
- Title disputes
- Easements and covenants
- Purchase and sale disputes
Experience
We assisted clients in the following real property disputes:
- Minnesota Twins Ballpark. We represented Hennepin County in assembly of the land for the new ballpark in downtown Minneapolis, including condemnation of most of the land required. The case is the largest single parcel condemnation case in Minnesota history.
- Represented numerous owners of real estate adversely affected by the construction of the Hiawatha, Central Corridor and Southwest light rail lines to obtain compensation for the taking of real estate and construction interferences to their businesses.
- Obtained summary judgment and award of damages in U.S. District Court for Kansas for eviction of CVS (tenant), resulting from breach of lease.
- Represented national home improvement big box retailer in obtaining millions of dollars in real estate tax relief for Minnesota retail stores.
- Simon Properties. We successfully defended a shopping center owner against a million-dollar mechanic's lien claim for unique and specialized tenant improvements in a regional mall.
- Provided assistance to bank in workout of credit facility involving a multifamily project where several million dollars of mechanic's liens had been filed, necessitating a potential foreclosure that would have taken approximately one year. We were able to convince more than 100 creditors that it was in their best interest to accept a small distribution now in exchange for the release of the liens, so the project could proceed. Additionally, the owner agreed to a quit claim deed of its interest in the property in exchange for the releases from their creditors.
