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Land Use and Zoning

 

Strategic and savvy guidance in navigating the Northern Virginia development approval process

Real estate development begins with a concept – a vision of what is possible.  Whether this vision is for a residential community, a transit-oriented mixed-use development, affordable and attainable housing, or 21st-century uses like data centers and solar energy installations, the ability to execute this vision relies on successful navigation of the local land use process.  We have assisted clients with obtaining Northern Virginia land use approvals for over three decades.  Our team combines the sophistication of an AmLaw 100 practice with truly deep local roots and relationships.

Redevelopment begins at the concept stage.  We work with our clients to evaluate the feasibility of their development vision, in the context of all applicable local zoning ordinances, planning guidance and informed perspective on the real-time currents of land use policy and local politics.  As a concept is crystallized to a development proposal for initial submission, we work with the entire development team – architects, civil and traffic engineers, landscape architects, and principals – to craft a strategy to optimize the odds of success.  We believe in a proactive, candid and objective-based approach to the entitlements process.   From our perspective, there is simply no substitute for the hands-on attention and passionate engagement of experienced land use counsel in the entitlements process.   We are deeply committed to serving our clients as a key strategic asset in their development projects.  A successful zoning case requires bringing community leaders, local residents, elected officials and professional planning staff to consensus, all while refining the development proposal to support the client’s objectives and vision.  Our expertise includes a deep understanding of the legal structure of local zoning ordinances and Virginia law, as well as a finely-tuned practical understanding of how to “get to yes” on a zoning application.

 

We are well positioned to support our clients’ land use rights in the zoning determination process, and, if necessary, on administrative appeal to the locality’s Board of Zoning Appeals.  At times, our clients must pursue judicial action to protect and enforce their property rights.  Our deep understanding of Virginia land use law, informed by decades of practical experience, enables us to advise our clients with respect to these potential claims, and to serve as zoning litigation counsel.  The combination in 2024 of our zoning litigation practice with the firm’s existing, and highly acclaimed real estate litigation practice, creates powerful synergy for our clients.  While we do not lightly advise our clients to file zoning appeals or claims, we are passionate and savvy advocates when this step is necessary.

Our practice includes zoning due diligence analysis for contract purchasers, lenders and equity partners, as well as landowners seeking to reposition or sell their land assets.  We provide our clients with a comprehensive, candid evaluation of the land use rights and potential of a property, as well as providing critical practical context.

 

We are proud of our contribution to shaping the Northern Virginia community – not just the built environment, but also the land use policies and community support that come together to create it.

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