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Company A’s core business objectives require a new critical facility to begin operations within six months. When the facility is opened, it will be the largest taxpayer and employer in the municipality.
The municipality’s laws do not address the uses and activities which will occur at the facility. Quickly, we write new local laws to permit and protect the facility, fast track these laws along with all land use and construction entitlement approvals, including annexation, site plan approval, subdivision, and transportation permitting through governmental review and approval.
Company A is unfamiliar with the extent of municipal powers. We advise Company A that the municipality possesses discretionary powers to form contracts that will benefit Company A’s investment for decades. Company A wants to secure these advantages. We negotiate and write long term agreements to “lock-in” existing land use laws so that future changes in these laws do not apply to Company A’s property and plans, and we negotiate and write long term utility supply agreements to assure that water, sewer, and electricity services are adequate for Company A’s existing and future needs. These agreements are fast tracked so that they are approved on the same timetable as the traditional land use entitlements for the facility.
Other team members are simultaneously negotiating and writing separate economic incentives agreements between and among Company A and the municipality, the county and the state. Approvals of these agreements are integrated into the master timetable for the facility so that all required public notices, hearings, and procedures occur smoothly and efficiently.
To develop the facility, Company A must assemble multiple tracts of land together. While activities with governments are ongoing, other team members negotiate and write real estate options and purchase contracts, retain and review local attorney title work, coordinate preparation and review of land surveys and various environmental reports. As environmental, historical, or archeological questions arise, they are also addressed by appropriate team members.
When one of the property owners fails to disclose that it was in bankruptcy when it signed a real estate purchase option, we add a new team member to prepare, file, and argue a motion in Bankruptcy Court requesting the Court’s permission for sale of the property.
Of course, none of the property owners knows of Company A’s game changing facility until binding sales agreements are signed. When Company A’s plans for the site become generally known, all governmental approvals and contracts are ripe for approval. No public opposition arises, and all approvals are secured without delay. The team closes the real estate purchase transactions promptly thereafter. As planned, Company A becomes the largest taxpayer and employer of the municipality.
Next Case Study: Game Changing New Community
If you would like to learn more about the team:
The team authors the North Carolina Land Use Litigator, a blog that digests and analyzes land use legal issues that matter to property owners, business owners, developers and local governments in North Carolina. The team has also created a series of videocasts on such topics as land use, zoning, development agreements and more.