Courthouse Plaza
199 Main Street
Burlington, VT 05402-0190
ph: 802-863-2375
dir: 802-846-8606
Overview

Leading Vermont real estate lawyer for business and development.

Scott Jaunich counsels developers and commercial interests in real estate transaction and regulatory matters, including acquisition and sale, leasing, and development. Recognized as one of as one of Vermont's leading real estate lawyers, Scott relies on his experience in due diligence, financing, and title matters to provide his clients with expeditious, timely results on their critical projects. His leasing practice includes not only commercial, retail and manufacturing facilities, but also green leasing and site and ground leasing for renewable energy and telecommunications facilities. Scott has significant eminent domain experience representing condemning utilities and public agencies, as well as private defendants, promoting efficient project readiness and just and fair compensation. Scott’s regulatory practice includes state and local permitting, zoning and subdivision proceedings, and wetland and riparian matters including public trust concerns.

Experience

TRANSACTIONS:

  • Provided counsel to the acquisition investment and development of a successful solar project development in Chester, Vermont.
  • Counseled the expansion of a manufacturing facility in a multi-party transaction, including New Market Tax Credits. Scott negotiated the purchase contract, municipal street abandonment, and boundary adjustments with adjoining property owners, as well as the acquisition and leaseback of the facility, as part of a public/private municipal revitalization project in St. Albans, Vermont.
  • Provided counsel to the buyer of a manufacturing facility in Rockingham, Vermont, including the subsequent condemnation and re-conveyance of a portion of land to Green Mountain Railroad Company to facilitate a new propane distribution facility.
  • Counseled the acquisition of natural gas and electric utility right-of-way corridors through Chittenden and Addison Counties, Vermont. Scott also negotiated acquisitions and eminent domain to ensure efficient project readiness and construction scheduling.
  • Transacted the sale of the HGTV Dream Home in Stowe, Vermont, as well as several $2.5+ million waterfront residences on Lake Champlain; a $5.8M residence in Carmel, CA; a $3.0M property in Barnard, VT; and resort properties at Sugarbush Resort, Warren, VT and at Bakers Bay Golf & Ocean Club, Abaco, Bahamas.

REGULATORY:

  • Counsel to the Owner-Developer of a proposed grocery store in Hinesburg, Vermont, in contested municipal and State Act 250 permit proceedings and Environmental Division litigation.
  • Counsel to the Owner-Developer of a 98-acre lakefront parcel in Shelburne, Vermont, including municipal subdivision and regulatory approvals, resulting in the development and sale of residential building lots on Lake Champlain.

LEASING:

  • Counsel to Tenant for the founding offices of the National Center for Campus Public Safety in Burlington, Vermont.
  • Counsel to Tenant who prosecuted lease audit rights and defended against lease breach and termination claims in Burlington, Vermont, resulting in significant recovery of operating expenses, reduced capital restoration obligations, and facilitating strategic relocation of expanded manufacturing plant.
  • Counsel to the owner of a natural foods market, including leasing matters and construction contracting for a new and expanded retail facility.
Education

Vermont Law School, J.D., M.S.L, magna cum laude, 1992

Middlebury College, B.A. cum laude, 1988

Admissions & Clerkships

California, 1993

U.S. Court of Federal Claims, 1993

U.S. District Court, Eastern District of California, 1993

U.S. District Court, Northern District of California, 1995

Vermont, 2001

Memberships & Activities
  • California Bar Association, Real Property Section
  • Lex Mundi Real Estate Practice Group
  • Vermont Bar Association
Accolades & Awards
  • Listed in Best Lawyers in America © 2018
  • Recognized as one of Vermont’s leading real estate lawyers, Chambers USA 2008-2017: America’s Leading Lawyers for Business
  • Carthage Scholar, Political Economy Research Center, Bozeman, MT, 1991
Community Involvement
  • Audubon Vermont, Board of Directors, 2016-present
  • Lund Family Center, Board of Directors, 2002-2006
  • Mobius, The Mentoring Movement, Board of Directors, 2009-2013
  • U.S. Naval Academy Foundation, Assoc. Life Member
  • U.S. Naval Academy Parents Club of Vermont, Co-President, 2015
Certifications

Natural Shoreland Erosion Control Certification, State of Vermont, 2017. 

Publications & Presentations

Publications:

  • R. Prescott Jaunich and Kane H. Smart, Foreign Investment in Real Estate: Vermont, Practical Law Real Estate (Thomson Reuters, September, 2014)
  • R. Prescott Jaunich and Kane H. Smart, Real Estate Ownership: Vermont, Practical Law Real Estate (Thomson Reuters, September, 2014)
  • R. Prescott Jaunich and Kane H. Smart, Real Estate Brokerage Laws and Customs: Vermont, Practical Law Real Estate (Thomson Reuters, June, 2014)
  • R. Prescott Jaunich and Kane H. Smart, Managing Commercial Real Estate Leases: Vermont, Practical Law Real Estate (Thomson Reuters, September, 2014)
  • R. Prescott Jaunich and Kane H. Smart, Real Estate Leasing: Vermont, Practical Law Real Estate (Thomson Reuters, September, 2014)
  • R. Prescott Jaunich and Kane H. Smart, Real Estate Finance: Vermont, Practical Law Real Estate (Thomson Reuters, September, 2014)
  • Author, Practical Guide to Zoning and Act 250 (National Business Institute, 2012)
  • Author, Historic Redevelopment and Tax Credits, VLCT News page 13 (January 2010)
  • Author, The Environment, the Free Market and Property Rights: Post-Lucas Privatization of the Public Trust, 15 Public Land Law Review 167 (1994)

Presentations:

  • Speaker, Navigating the Ongoing Legislative and Permitting Changes, Vermont Development Conference, White+Burke (South Burlington, Vermont, November 5, 2014)
  • Speaker, Defining the Spaces/Premises, Build-Out Modifications and the Use Clause, Retail, Office and Restaurant Leases: Key Provisions Seminar, National Business Institute (South Burlington, Vermont, April 8, 2014)
  • Speaker, Current Case Law and Legislative Update and Adoption and Amendment of Zoning Ordinance and Map, Practical Guide to Zoning and Act 250 Seminar, National Business Institute (Burlington, Vermont, April 2, 2012)
  • Speaker, Colloquium: Self Interest, Incentives and the Environment, Property and Environment Research Center (PERC) and the Liberty Fund, Inc. (Gallatin Gateway, Montana, 2009)
  • Speaker, The How and Why of Surveys, Title Problems? No Problem and Ethical Stumbling Blocks to Watch For, The Essential Title Examination Guide for Vermont Paralegals Seminar, Institute for Paralegal Education (Burlington, Vermont, January 12, 2004)
Courthouse Plaza
199 Main Street
Burlington, VT 05402-0190
ph: 802-863-2375
dir: 802-846-8606
fax: 802-862-7512
cell: 802-324-3793
sjaunich@drm.com
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