REAL ESTATE LITIGATION

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  • October 2018:  Successfully represented a Tenant in obtaining a favorable pre-lawsuit settlement of a commercial lease located in a Class "A" Office, Retail & Loft Development Project in the D/FW Metroplex.
  • August 2016:  Represented non-profit taxpayer in contentious litigation against Dallas Central Appraisal District ("DCAD") involving an initial lawsuit by the Dallas Taxing Authorities to collect the non-profit's sale proceeds for alleged delinquent taxes.  The non-profit taxpayer filed suit and obtained a preliminary injunction against the title company to prohibit it from paying the sales proceeds to the Dallas Taxing Authorities and obtained an order requiring it to interplead the proceeds into the registry of court until the taxpayer exhausted its administrative appeals with DCAD.  The non-profit taxpayer filed three lawsuits to ultimately resolve the dispute in its favor. The litigation required the grantor and grantee to file a correction deed, the filing of a retroactive tax exemption for the land pursuant to Section 11.435 of the TEXAS TAX CODE and final resolution of the taxpayer's claim for a cemetery tax exemption under Section 11.17 of TEXAS TAX CODE.  The litigation required numerous tax exemption  filings, informal hearings with DCAD representatives and several ARB Hearings.  Ultimately, the non-profit taxpayer was successful and awarded the funds from the registry of the court.
  • August 2016:  Obtained pre-litigation settlement of commercial lease dispute regarding an oil lube, car wash and car repair business whereby personal guarantor's under the commercial lease were released from approximately $600,000 in personal liability without payment of a termination penalty.
  • May 2016:  Mechanics Lien lawsuit.  Plaintiff homeowner alleged invalid or unenforceable mechanics lien was filed against homestead pursuant to Sec. 53.254 et seq. of the TEXAS PROPERTY CODE.  Plaintiff homeowner filed Original Petition and Verified Summary Motion to Remove Invalid or Unenforceable Lien against contractor, alleging violation of Texas Deceptive Trade Practices Act ("DTPA"), Fraud, Negligence, and seeking remedies set forth in Chapter 12 of Texas Civil Practice & Remedies Code (greater of $10,000.00 or actual damages causes by the violation, court costs, reasonable attorneys' fees, and exemplary damages determined by Court), and hearing date for Summary Motion to Remove Mechanic's and Materialmen's Lien, and Attorneys' Fees.  The lawsuit was settled.
  • October 2015:  Obtained $2.3 Million Bench Trial Verdict in complex civil dispute regarding an investment in a hotel.  Prevailing claims included breach of contract of the shareholder agreement; breach of fiduciary duties; fraud and fraudulent misrepresentation against shareholders; fraud by nondisclosure to shareholders; negligence and gross negligence in mismanaging the entity owning the hotel; vicarious liability by piercing the corporate veil of purchasing entity; an award of attorneys' fees and costs; pre-judgment and post-judgment interest; and attorneys' fees for unsuccessful appeal to court of appeals and ultimately Texas Supreme Court. The Final Judgment awarded damages against Defendants in their individual capacity, and jointly and severally.
  • Successfully represented tenant in landlord-tenant lawsuit involving high-profile Class "A"  Office Building.
  • Successfully represented office tenant in pre-litigation dispute with landlord in high-profile Class "A" Mixed-Use Urban Hybrid Development Project.
  • Lender Liability,  joint-venture, property management agreements, asset management agreement and bankruptcy disputes.
  • Jury Trial Verdict in complex partnership dispute relating to business divorce of large retail centers, including claims of breach of contract, mismanagement and breach of fiduciary duties. 
  • Jury Trial Verdict in Ad Valorem Tax Litigation dispute against Dallas Central Appraisal District.
  • Successfully represented upscale residential home builder in zoning dispute with local municipality
  • Representation of Landlords and Tenants in complex office building lease disputes involving CAM charges, operating expense audits and general defaults under office leases.
  • Successfully removed five sub-contractor liens in excess of $150,000, filed against multi-million dollar residential property so owner could obtain new funding to complete construction of residence.