Real Estate Litigation

Overview

Dykema’s Real Estate Litigation team employs a holistic approach to provide clients predictable and efficient dispute resolution legal services from pre-litigation through post-trial stages. Whether the dispute is between a landlord and tenant, lender and borrower, municipality and developer, owner and contractor, or between neighboring property owners, our litigators bring a depth of experience and understanding to resolving these disputes efficiently and with the client’s business in mind. Dykema’s Real Estate Litigation team’s experience includes:

  • Landlord/tenant and lease enforcement matters
  • Breach of contract
  • Partnership, joint venture, and closely-held business disputes
  • Property and easement disputes
  • Condemnation
  • Land use/zoning
  • Nuisance claims
  • Title priority disputes and contested foreclosures
  • Real property taxes
  • Water rights

Dykema’s Real Estate Litigation practice is ranked nationwide among 2020 “Best Law Firms” by U.S. News – Best Lawyers, and numerous attorneys have been named “Lawyer of the Year” in this practice area by the same publication.

Representative Experience

Landlord/Tenant Disputes

  • Represented a REIT commercial office landlords in lease disputes in state and federal courts throughout the United States.
  • Represented a national and regional industrial owners in lease enforcement proceedings.
  • Represented a national hotel chain in commercial eviction matters.
  • Represented an international telecommunications company in a federal lawsuit involving their tenant’s breach of seventeen tower lease agreements and ultimately obtained a large six-figure settlement for our client.
  • Represented a landlord in a commercial breach of lease case and obtained a seven-figure verdict after a three-week jury trial, plus an award of fees in excess of $750,000.
  • Represented a national restaurant chain in breach of lease suit brought by landlord. Obtained a favorable settlement which included full forgiveness of the past-due $100,000 and a lease amendment that saved our client $1M over the term of the lease.
  • Represented an office tenant in a lawsuit brought by landlord for nearly $100,000 in alleged maintenance charges and obtained summary disposition of the landlord’s claim.
  • Represented a multinational mining company in a multi-million dollar dispute over the interpretation of a mining lease.
  • Represented a landlord in a lease dispute with a national retailer of mattresses on verge of bankruptcy.
  • Represented a landlord in a lease dispute with a popular local restaurant owner/operator in which the tenant alleged significant counterclaims involving failure to repair damage to the premises. Settled the matter on favorable terms for the landlord, and kept the tenant in the space for remainder of lease term.
  • Represented a commercial landlord in a breach of lease and waste case against a famous artist and obtained a six figure verdict plus fees after seven-day jury trial.
  • Represented a school district in a lawsuit where the client’s tenant alleged breach of the lease with option to purchase and obtained summary disposition of the tenant’s claim.

Breach of Contract Disputes

  • Represented a real estate development partner in a lawsuit where plaintiff sought $2M for breach of contract and fraud for real estate project. Obtained defense verdict after a two week jury trial.
  • Represented the purchaser of $310M in mineral assets in dispute over the purchase and sale agreement in a week-long arbitration.
  • Represented a national retailer in a real estate purchase agreement dispute. Obtained dismissal of the lawsuit seeking to enjoin sale of the commercial property following denial of immediate motion for temporary injunction.
  • Represented a buyer in a breach of contract lawsuit relating to reps and warranties concerning undisclosed preexisting environmental problems with the subject property.
  • Represented a developer in a partnership dispute relating to apartment projects in Kentucky and Missouri.

Property and Easement Disputes

  • Represented the North Beverly Park Homeowners Association and the residents of North Beverly Park, including Sylvester Stallone, Rod Stewart, Sumner Redstone and Steven Udvar Hazy, in a real estate easement dispute against the South Beverly Park Homeowners Association.
  • Represented the owner of a large ranch in proceedings to confirm closure of a previously public road and subsequent easement dispute against affected neighbors.
  • Represented an owner of an easement in dispute over enforceability and location of a surface access easement.
  • Represented a leading aerospace industry component manufacturer in defense of an aviation easement which was being imposed on a research facility for expansion of a nearby airport.
  • Represented a mall owner in an easement dispute with adjacent property owner.
  • Represented a strip mall owner in an easement dispute with an internet and cable provider relating to the provider’s failure to repair damage to the property resulting from installation of cable on premises.

Condemnation/Taking of Property

  • Represented an electric and gas pipeline transmission company in an 140 mile 345kV transmission line project spanning across 600 parcels in four separate counties. Dykema tried to verdict 4 cases in two separate counties resulting in jury verdict in favor of the agency. The remaining cases were settled through a comprehensive facilitation, which resulted in multi-million dollar savings to the agency.
  • Represented one of the largest independent electric transmission companies in the United States in defending existing easement terms and enforcement.
  • Represented one of the nation’s largest diversified suppliers of lumber and building materials across 40 states in defense of multiple eminent domain actions involving takings by state government of frontage for road expansion projects.
  • Represented a national lender in defense of a partial taking of commercial property for the expansion of a county road.
  • Represented a mining company in resisting a pipeline company’s attempt to condemn after improperly installing a natural gas liquid pipeline over lignite reserves.
  • Represented a real estate developer in a condemnation matter for a multi-modal transit facility.
  • Represented a multinational commercial/consumer products, engineering services and aerospace systems company in several condemnation cases in connection with the construction of an international bridge connecting the U.S. to Canada.

Land Use/Zoning

  • Represented various wireless telecommunication and wireless tower construction companies with regard to zoning approvals and related litigation under the Federal Telecommunications Act of 1996.
  • Represented a large non-profit organization that operates a campus in Michigan in their successful opposition – both at the City Zoning Board of Appeals and Circuit Court – to the development of a concrete crushing facility on a neighboring parcel. 
  • Represented an international telecommunications company in a federal lawsuit against a village based on the village’s refusal to grant a special land use permit to construct a new communications tower.
  • Represented a high speed trading company seeking to install an antenna on a site that was subject to local zoning and utility regulations.
  • Represented a leading home construction company in a 250 acre residential development/conversion of a golf course.