Overview
Recognized by Chambers USA as a “go-to practice” for land use, zoning and eminent domain matters, we regularly represent clients in matters relating to condemnation and the power of eminent domain as well as help them navigate the full range of zoning and land use issues.
Our real estate litigators represent owners, developers, landlords, tenants, buyers, sellers, lenders and other interested parties in a wide variety of real estate disputes throughout the United States. We have experience with complex, multi-party disputes and are equipped to handle these matters in court, administrative agencies or through alternative dispute resolution (ADR) methods. We have significant experience litigating various issues such as development disputes, zoning and building regulations, land use disputes, title insurance claims and defense, eminent domain matters, construction defects, mechanics’ lien disputes, lease and purchase contract disputes. Our practice also includes advising clients on resolving zoning matters and title defects, addressing environmental concerns, effecting 1031 exchanges, and structuring conventional and synthetic leases.
Land Use, Zoning and Real Property
We represent buyers, sellers, developers, landlords, tenants and owners in a wide variety of real estate disputes throughout the state of Ohio. We regularly represent clients litigating land use issues, in state and federal courts, in addition to appearing before city councils, boards of zoning appeals, planning and zoning commissions, and other administrative bodies of political subdivisions on land use matters. Our attorneys have been instrumental in advising trade associations and other clients in legislative matters affecting land use rights.
We often represent clients in zoning, building regulation, land use and land planning matters, including obtaining approval of industrial and commercial projects, residential subdivisions, and planned developments. In this area, we regularly assist clients in navigating the process of annexing property into municipalities. Our attorneys also have extensive experience in assisting clients in the various kinds of governmental permitting processes that are critical to successful land development projects.
Our attorneys routinely represent both landowners and political subdivisions on land use issues that may lead to litigation, including:
- Annexations
- Assessments
- Tax valuations
- Adverse possession
- Zoning
- Administrative appeals
- Civil rights actions based on denial of property rights
- Constitutional challenges to zoning regulations, detachments, variances and special use permits
- Citizen referenda and initiatives
- Prior non-conforming uses
- Inverse condemnation
- Claims under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)
Lease Disputes
When lease disputes arise, we evaluate opportunities to craft “win-win” solutions to control costs by employing a range of alternative dispute resolution (ADR) methods and potential settlement agreements that advance our clients’ business and litigation goals. When clients decide to fight or defend claims in court, our nationwide team of litigators represents our clients to obtain favorable results in court.
Our nationwide leasing experience has involved many categories of landlords and tenants of office, retail, commercial and industrial properties in a variety of leasing issues. Our leasing clients include all types of retail and commercial property owners, as well as tenants of retail, office and industrial space. Vorys acts as national leasing counsel to numerous retailers, providing the background and context to understand both the legal and business issues involved with each client's real estate portfolio.
Eminent Domain
Our firm regularly represents private property owners on matters relating to condemnation and the power of the government to “take” private property through the eminent domain process. Our lawyers have litigated eminent domain matters involving public authorities at the municipal, county, state and federal levels, throughout Ohio and in other states, on behalf of businesses, developers and individual landowners. Learn more here.
Agriculture
Vorys has significant experience representing farmers in cases all over the state when the government uses its power to take farmland through eminent domain related to road projects, flooding, pipelines and utility easements. Our team understands the tactics of governments at municipal, county, state and federal levels and knows exactly what to expect. Learn more here.
Construction
Our construction attorneys help resolve construction claims effectively and efficiently. Whether through litigation, arbitration, or other dispute resolution means, we work closely with our clients and experts, where appropriate, to identify issues and strategies quickly, and to manage claims and dispute resolution costs.
We represent clients across the spectrum of the construction industry, including property owners, developers, architects, engineers, public and private contracting authorities, financial institutions, contractors and material suppliers. Our experience allows us to help ensure clients have a complete understanding of all legal aspects of the construction and dispute resolution process, including planning, land acquisition and zoning, design and engineering, financing and insurance, taxes, bidding and negotiation, project delivery methods, scheduling and coordination. Learn more here.
Cannabis, Hemp and CBD
We have a wealth of knowledge when it comes to zoning considerations and compliance concerns related to the Ohio Medical Marijuana Control Program applications, including location restrictions. We have also assisted dispensaries, processors and cultivators with local zoning issues and obtained approvals in the face of local opposition. Additionally, we assist with land development, permitting and environmental zoning issues. Learn more here.
