Top Rated Land Use & Zoning Attorney in Minneapolis, MN

Pro bono/Community Service

• Hospitality Minnesota

Bar/Professional Activity

• Aggregate & Ready Mix Association of Minnesota
• International Council of Shopping Centers
• Hennepin County Bar Association
• Minnesota State Bar Association
• Minnesota State Bar
• U.S. District Court – District of Minnesota

Educational Background

• University of St. Thomas, B.A.

Verdicts/Settlements

• Industrial Sand Processing Facility Worked with various local, state, and federal agencies to complete the permitting process for a client to construct and operate an industrial sand mining and processing facility in south-central Minnesota, adjacent to the Minnesota River. After more than one year working through the permitting process, the client received the permits needed to mine industrial sand and complete construction of the facility to process industrial sand for various end-users. Aggregate Operations and End-Use Planning Represented a landowner and aggregate producer through the Alternative Urban Areawide Review (AUAR) process conducting an environmental review of the property that was or is actively mined for sand and aggregate material. The AUAR is a critical component of the client’s end-use planning. Eventually, the entire AUAR study area will be phased out of aggregate mining and developed into end uses including residential housing, commercial and retail spaces, and office buildings. Franchisor/Franchisee Dispute Defended a franchisor client from a franchisee seeking more than $1 million in damages. Following a five-day arbitration, the franchisor successfully opposed the franchisee’s claims under the Minnesota Franchise Act, including claims for fraud and misrepresentation. Encroaching Structure onto a Client’s Property Defended a landowner who was sued by an adjacent property owner because the adjacent property owner built an office building more than 10 feet onto the client’s property. After a series of motions, a trial, and an appeal, the client was awarded more than $750,000 in damages for the encroaching building. Breach of Contract – Software Development Agreement Represented a business start-up that engaged a software development company to develop a web-based customer tracking software. After numerous failed attempts to develop a workable software platform, the client sued the company for breach of contract and breach of warranty. Following discovery and motion practice, the parties engaged in mediation where the client was awarded in excess of $100,000 in damages, including a full refund of the software development fees. Boundary Dispute Defended a client’s property from claims by an individual asserting ownership to the adjacent parcel and a portion of the client’s property. After several motion hearings, two-evidentiary hearings, and numerous appeals to the Minnesota appellate courts and United States Supreme Court, the client’s ownership of the property and the boundary line were confirmed. Following the conclusion of the litigation, the client was able to proceed with a sale of the property to several developers., 2015

Scholarly Lectures/Writings

• What and how much insurance coverage is available to restaurant and foodservice businesses to cover the losses incurred as the result of the pandemic?, Author, Can I Use My Insurance Coverage for COVID-19?, Monroe Moxness Berg COVID-19 Resources, Restaurant And Hospitality, 2020
• The webinar focuses on emerging changes in restaurant and retail real estate, including new developments in redesign and renovation, new trends in service and operations, and health and sanitation issues. It also discusses legal issues and solutions emerging in restaurant and retail industry in the wake of the pandemic., Panelist, Current Issues and Trends Affecting the Restaurant Community, Minnesota Real Estate Journal webinar, Commercial Real Estate, Restaurant And Hospitality, 2020