Practices

Commercial Real Estate Law

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Commercial real estate lawyers representing owners, developers, investors, and lenders with all aspects of real estate investment.

When faced with permitting, zoning, transactional or other commercial real estate needs, having knowledgeable and skilled legal counsel is key to a successful project. Entrepreneurial and business-minded, our attorneys have the acute legal skills, technical understanding and comprehensive knowledge required to negotiate complex real estate transactions.

With experienced, full-time commercial real estate attorneys practicing from each of our offices throughout Vermont and New Hampshire we consistently deliver timely and effective solutions to real estate challenges.

Your goals are our goals.

Our areas of concentration include:

The depth of our commercial transactional real estate experience includes:

  • acting as national leasing counsel for major retail clients
  • counseling domestic and foreign investment entities in the acquisitions and development of commercial and residential real estate
  • assisting several national communications businesses with large-scale portfolio leasehold analyses to facilitate corporate restructuring and asset acquisitions
  • helping developers acquire and convert under-utilized manufacturing and industrial spaces throughout the Northeast into modern, multi-use facilities to generate tenant revenue streams
  • representing utilities to secure new and expanded utility line corridors via negotiated conveyances and condemnation
  • resolving boundary disputes and title claims on behalf of owners and title companies through negotiation and litigation; and
  • representing lenders and owners in transactional and insolvency/restructuring, analyzing default situations and business opportunities as well as debtors’ and creditors’ rights and remedies.

The range of services we offer our commercial real estate clients is as diverse as the issues they face:

  • due diligence, property acquisition and subdivision, land use permitting
  • state environmental permitting including Act 250, wetlands mitigation, hazardous waste handling and disposal, wastewater treatment, stormwater runoff, and agricultural lands mitigation, drawing upon excellent relationships with top regulators throughout New England
  • effective advocacy before municipal boards, regulatory agencies, regional environmental commissions and state and federal courts
    construction and design contract preparation and enforcement
  • formation, registration and interstate marketing and sales of condominiums and other common interest ownership communities
    development of public relations strategies
  • settlement and litigation counsel at state and federal Superfund sites throughout New England, with extensive experience as lead counsel to Fortune 100 companies in complex contribution actions in federal court.

Recent Commercial Real Estate Legal Accomplishments

Assisting from conceptual design to grand opening, our commercial real estate lawyers guide businesses, developers, contractors, and institutions through the maze of regulatory law and permitting. Examples of recent projects include:

  • served as seller’s counsel for the most expensive “open market” home sale in Vermont – a $10.25 million property located on Lake Champlain.
  • guiding a ski area that is the foundation of its local area economy through a multiple-phase, long-range process of planning, proposal, presentation, alteration, permitting and construction that has enabled it to reclaim its status as a premiere world-class winter and summer destination resort
  • advising lenders and developers about New Markets Tax Credit financed redevelopment projects
  • assisting a tenant-in-common syndicator on the acquisition in a regional shopping mall.
  • advising a national, high-end premier resort developer on a multi-phase, 1,000 unit-plus ski resort, hotel and golf-course development
  • representing a national retailer confronted with conflicting state and federal laws for controlling stormwater runoff, achieving ultimate success through a combined regulatory, legal, and legislative strategy
  • protecting the viability of a medium-sized, privately-owned energy company through a complex Superfund assessment, negotiation and settlement involving multiple parties
Director Timothy Sampson

Timothy S. Sampson

Chair

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Attorney Kimberly Butler

Kimberly M. Butler

Director

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Attorney WilL Dodge

William J. Dodge

Director

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Director R. Prescott Jaunich

R. Prescott Jaunich

Director

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Attorney Shannon Lenzini

Shannon Lenzini

Director

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Attorney Craig Miskovich

Craig Miskovich

Director

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Attorney Mary Parent

Mary K. Parent

Director

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Christopher Roy

Christopher D. Roy

Director

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Andrew D. Mikell

Of Counsel

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Director James Wheeler Jr.

James G. Wheeler, Jr.

Of Counsel

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Attorney Emily Garrett

Emily A. Garrett

Associate

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Attorney Alexis L. Peters

Alexis L. Peters

Associate

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Paralegal Kimberly L. Gilding

Kimberly L. Gilding

Paralegal

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Commercial Real Estate

Downs Rachlin Martin Welcomes New Attorney to its Complex Development and Land Use Team 

Attorney Emily Garrett joins DRM's Complex Development and Land Use Team.
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Attorney Andrew Mikell Joins Real Estate Law Group

Attorney Andrew Mikell joins the firm’s commercial real estate transactions and development practice, as well as its litigation and common interest communities practices.
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Premises Liability:  Vermont Supreme Court Affirms That Landowner Is Not Responsible for Death of Lessee’s Guest

Vermont Supreme Court just issued a new premises liability decision, clearing a non-possessory property owner from a wrongful death claim made by an invitee of the commercial tenant.
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Vermont Development Conference

DRM is proud to be a platinum sponsor of the November 17, 2022 Vermont Development Conference.
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