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Zoning, Land Use & Eminent Domain

The Real Estate Practice Group has experience in connection with zoning, governmental and litigation processes involved in the improvement, development and use of real property including properties and projects relating to the residential retail, office, industrial and other uses of land.  In conjunction with the Litigation Practice Group, the Real Estate Practice Group has represented landowners, developers and builders in all phases of land use. This includes zoning, re-zoning, variances, special permits such as conditional use permits, development plans, and building permit issues. We represent clients before administrative bodies such as planning commissions, architectural review boards and city councils.

Experience

  • Represent condemning authorities, land owners and tenants in all phases of eminent domain proceedings.
  • Won council variance on behalf of substance abuse recovery housing provider in city of Columbus.
  • Successfully represented large companies in Columbus, Ohio affected by rezonings. 
  • Obtained use variance allowing law firm to operate in residential district.
  • Defeated in litigation attempt by landowner to build structure over objections of neighbor.
  • Resolved administrative appeal challenging township denial of zoning variance for an accessory structure. Structure ultimately allowed.
  • Obtained rezoning of parcel to permit construction of apartment building.
  • Shaker Heights City Council Representative to Planning Commission and Board of Zoning Appeals for eight years.
  • Obtained declaration of similar permitted use and conditional use permit on behalf of national transportation company for operation of regional dispatch and preventative maintenance facility.
  • Obtained use variance to operate facility on behalf of an international machine gear works company.
  • Won at trial decision overturning BZA order denying requested zoning variances.
  • Advised a Cleveland-based developer as to its interest in 4,000 acres of land in West Virginia subject to fifty year-old coal leases.
  • Successfully litigated multiple complex commercial lease disputes on behalf of prominent shopping malls and real estate developers.
  • Prosecuted over 100 commercial and residential eviction cases without a single loss.
Key Contacts
  • Jeffrey J. Wild
    Real Estate
    Cleveland
  • Jared E. Oakes
    Real Estate
    Cleveland

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Articles and Presentations
Summer 2018
Landmarks Newsletter
December 17, 2015
Real Estate Market Intelligence | Data Center Development Quarterly Report - Q3
Summer 2015
Landmarks Newsletter
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August 10, 2017
Clients Rank Benesch's Real Estate Practice a Leader in Client Relationships in BTI Report
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