房地产诉讼

Sidley advises on the full spectrum of issues arising from the acquisition, development, use, financing, and protection of real estate assets and infrastructure projects. By bringing together capabilities spanning land use and zoning, government relations, regulatory counseling, real estate transactions, and high-stakes litigation, we offer clients comprehensive resources to address the legal and business challenges that arise throughout the life cycle of development and property-related matters.

Our accomplished lawyers draw on decades of experience representing developers, investors, lenders, REITs, utilities, transportation and infrastructure entities, institutional owners, nonprofits, and other public- and private-sector clients in projects and disputes at the local, state, and federal levels. We collaborate seamlessly across practices and geographies, delivering practical, business-focused strategies that mitigate risk, advance projects and protect long-term value.

Clients rely on Sidley to help secure and defend development approvals, navigate regulatory and political challenges, and resolve disputes involving real estate assets and investments. We regularly handle matters involving zoning and land use restrictions, permitting and environmental review, eminent domain and inverse condemnation, vested rights, title and construction disputes, real estate financing and restructurings, and complex constitutional and statutory claims. Whether guiding projects through regulatory processes and government relations challenges or litigating property rights and development disputes, our team combines sophisticated advocacy with a deep understanding of the commercial and regulatory forces shaping today’s dynamic real estate market.

Regulatory and Government Relations

We have extensive experience assisting clients in working through the complexities of the local regulatory process. Our transactional and regulatory lawyers have obtained governmental approvals and entitlements from scores of municipal and suburban jurisdictions, enabling clients to construct a variety of projects, both large and small. In addition, we have secured approvals for various commuter rail and institutional projects, such as large hospitals, educational facilities, churches, community centers and homeless shelters, and have assisted utility clients in the expansion of their service networks.

Our team counsels clients on the applicability of municipal zoning ordinances as they impact proposed property transactions and development plans, devising strategies that lead to the quickest and most cost effective manner of gaining the needed approvals/entitlements or minimizing the need for local regulatory approvals. In those instances where it is not possible to structure a transaction or development plan within the parameters of permitted activities, we engage in the various procedures necessary to undertake the transaction or begin development: planned developments, rezonings, text amendments, special use applications, variation requests, and appeals from the decisions of local zoning administrators.

Our lawyers also possess the technical knowledge to guide a proposed subdivision through the approval process and to negotiate ambiguous and/or interpretational issues to the maximum benefit of the client. Additionally, we can assist clients in obtaining benefits under various federal, state, and local economic development and tax incentive programs and have experience in annexation, eminent domain, permitting, and public way vacation and dedication initiatives.

Litigation and Disputes

Major investment and development projects can be derailed by early missteps in the planning and permitting stages, and are often opposed by a well-funded, well-organized, politically-connected, and highly motivated coalition of interests. We regularly advise clients in high-stakes litigation involving regulatory takings, land use entitlements, and property rights disputes at the local, state, and federal levels. From administrative proceedings to trial and appeal, we both challenge and defend governmental decisions affecting the occupation, use, and development of property, including claims involving permitting, zoning, vested rights, environmental and social impacts, eminent domain, inverse condemnation, and related constitutional and statutory issues.

We also represent clients in sophisticated private disputes involving leasing matters, title insurance, securitizations, contract and tort claims, fraudulent conveyance claims, lender liability claims, foreclosures, restructurings, and bankruptcy-related litigation. Our litigation experience spans numerous industries, including hotels, casinos, golf courses, data centers, resorts, nursing homes and healthcare facilities, condominiums and multi-unit buildings, office and retail space, and planned residential and mixed use communities.