ANNOUNCEMENT OF NEW PARTNER
Kaplin Stewart is very pleased to announce that Joshua C. Quinter has been named a partner in the firm as of January, 1, 2010. Josh has been with Kaplin Stewart since 2004 practicing in the Construction Law and Business & Commercial Litigation groups. In his practice he represents entities involved in all levels of construction projects, including owners, general contractors, subcontractors, sureties and insurance companies in the construction industry. Josh is well versed in all areas of construction law, and has successfully obtained verdicts and rulings for his construction clients. His experience includes mediation, arbitration and litigation of complex commercial cases, insurance coverage and bad faith issues, and employment law. In recent years, Josh has been named as both a Lawyer on the Fast Track and a Rising Star. Professionally he is very active in many trade and business organizations, as both a leader and educator. Privately, he is active in various political and collegiate organizations, where he also assumes leadership roles. Josh resides in Harleysville, Pennsylvania with his wife and two children. We are very pleased to welcome this outstanding attorney to the partnership and we look forward to Josh’s continued success and contributions to the firm in years to come.
MAJOR VICTORY: LAND USE
George W. Broseman, principal in the Land Use, Zoning & Development group of Kaplin Stewart in Blue Bell, Pennsylvania, won a major victory for the developer of a proposed 500,000+ square feet shopping center on 72 acres in Straban Township, Adams County, Pennsylvania. The Zoning Hearing Board had denied the developer's application for a special exception on three technical points relating to access for the shopping center. Mr. Broseman argued that the developer's plan complied with all of the Township's ordinances. Mr. Broseman also argued that a conflict existed in the ordinance where the rules applicable to one of the proposed businesses within the shopping center conflicted with the rules applicable to the shopping center as whole. Despite the Township's denial of the developer's application, Judge Michael George of the Adams County Court of Common Pleas gave the developer the go-ahead by reversing the decision of the Zoning Hearing Board and remanding the matter.
Mr. Broseman has a strong track record of success in securing development approvals in scores of municipalities throughout the Pennsylvania for a diverse group of clients including developers, educational institutions, religious institutions, clubs, other non-profit organizations, hospital, homebuilders and homeowners. He has won approvals from hundreds of zoning hearing boards, planning commissions, governing bodies, historical commissions, sewer and water authorities, and when necessary the courts. Mr. Broseman has achieved this level of success by carrying out the objectives of his clients with a combination of thorough preparation and seeking out practical solutions to often complex issues.
CONGRATULATIONS
Kaplin Stewart's senior litigator, Barbara Anisko, won a major victory for its Delaware real estate developer client, Caldera Properties, LLC, against national homebuilder giant, Centex Homes and its development entity Ridings Development, LLC, in a highly contested dispute arising from the fall-out of the real estate housing market. In 2004, Centex agreed to purchase from Caldera over 200 acres of land located in Sussex County, Delaware for a total purchase price of $18 million. The purchase was to be accomplished in three phases once Caldera obtained land development and subdivision approval for the 225 lot single family subdivision which was to be served by an on-site sanitary sewer treatment plant. In 2005, Ridings paid Caldera $6 million for the first 75 lots and Caldera gave Ridings easements to install improvements, including the treatment plant, on the land to be purchased at the next two closings. In 2007, in the midst of the declining real estate market, Centex reneged on the agreement to buy the remaining land, sought a pro rata return of the deposit it paid to Caldera and sought reimbursement from Caldera for 2/3 of the cost of improvements Ridiings had installed site wide. Playing hard ball, Ridings refused to give the remaining 150 lots access to the treatment plant unless Caldera agreed to reimburse it for the cost. Caldera sued Centex and Ridings for breach of contract and sought $1.2 million in liquidated damages and a declaration of its rights under the contract, including Caldera's right to use the treatment plant without having to pay Ridings. Ridings counterclaimed, alleging it was entitled to over $6 million in reimbursements under the legal theory of unjust enrichment. After a five day bench trial, Judge T. Henley Graves of the Sussex County Superior Court found in favor of Caldera, awarding it $1.23 million in liquidated damages and pre-judgment interest and declaring Caldera's right to use the treatment plant without having to pay Ridings a fee. Although commenting that the contract could have been clearer in providing for the "what if", the Court found that Centex understood and accepted the risks when it entered into the contract and that it was unfair to transfer the risks of the down market to Caldera. The Court denied Ridings' $6 million unjust enrichment claim. "This case was a particularly important victory in our industry as it reaffirms a party's duty to fulfill its contractual obligations," Daniel McGreevy, Caldera's President said. "We are more than pleased at the outcome of this case and our representation." Barbara Anisko was assisted by Pamela M. Tobin on the case.
Kaplin Stewart is pleased to have two principals holding prominent positions with the Montgomery County Bar Association. Mohammad A. Ghiasuddin has recently been elected to the Board of Directors of the Bar Association. He also is an active member of the Bar Association's Diversity Committee. Neil A. Stein, continues as a member of the Bar Association's Judiciary Committee.
William D. Auxer, a principal in the Construction Law and Environmental groups, has been appointed to the Board of Directors for the Associated Paving and Excavating Contractors (APEC).
Dirk M. Simpson, a principal of the Trusts & Estates, Tax and Business groups, has been elected to the Board of Directors of Ludington Library in Bryn Mawr, PA. Ludington Library serves not only as the community library for Bryn Mawr and its environs, but also as the headquarters library for the Lower Merion Library System.
Gregg I. Adelman, Mohammad A. Ghiasuddin, Joshua C. Quinter and Dirk M. Simpson have been recognized for their accomplishments by being selected as Pennsylvania Rising Stars 2008. Gregg I. Adelman is a member of the Land Use, Zoning & Development group, Mohammad A. Ghiasuddin and Joshua C. Quinter are members of the Construction Law and Business & Commercial Litigation groups, and Dirk M. Simpson is a member of the Estates, Administration & Planning, Tax Law and Corporate Law & Business Planning groups.
Joshua C. Quinter, a member of the Construction Law and Business & Commercial Litigation groups, has been appointed to the Board of Directors of the Mid-Atlantic Chapter of the Metal Building Contractors and Erectors Association (MBCEA).
Maury B. Reiter, managing principal and member of the Tax Law, Estates, Administration & Planning and Corporate Law & Business Planning groups, has been reelected to another term as Treasurer of Volunteers of America, Inc. VOA is a national nonprofit social services organization with annual revenues in excess of $800 million. VOA provides community-level human service programs to assist abused and neglected children, youths at risk, the frail elderly, people with disabilities, offenders and homeless individuals, as well as housing and health services to the elderly and poor. Mr. Reiter has been involved with VOA at the local and national levels for the past 11 years.
Robert A. Korn, a principal and member of the Construction Law and Mediation & Arbitration groups has been appointed Vice Chair of the Alternative Dispute Resolution Committee of the American Bar Association. The Alternative Dispute Resolution Committee is concerned with developments and optimum use of all forms of alternative dispute resolution, including arbitration, mediation, summary jury trials, mini-trials, early neutral evaluation, as well as effective settlement and negotiation techniques. Mr. Korn was also recently selected as a Fellow of the College of Commercial Arbitrators. In his practice, Mr. Korn is active as a mediator and arbitrator of construction disputes both locally and nationally.
Adelaine F. Williams, MBA, Kaplin Stewart's Director of Administration, has been elected to the position of President-Elect of the Independence Chapter of the Association of Legal Administrators (ALA). She has been a member of ALA for 11 years and has served as Community Challenge Chair for the chapter. Ms. Williams has been in law firm administration for 20 years. She oversees all firm administration, including HR, accounting and technology.
ATTORNEY NEWS
We welcome Ronald B. Glazer as a partner in the firm's Real Estate practice group. Mr. Glazer was formerly a senior partner of Wolf Block's Real Estate Practice group. Mr. Glazer's real estate practice runs the gamut from shopping centers, office buildings, mixed-use projects, condos, cooperatives and homeowners' associations, where he is involved in acquisition, sale, financing, development and operation. Known for his extensive experience representing construction and permanent lenders, REITs and joint venture partners, he won special praise for his structuring and documentation of complex mixed-use projects such as Uptown Worthington, the new urban mixed-use complex at the Echelon Mall, Reading Terminal Headhouse and the Comcast Center. His clients include several regional real estate and development companies, as well as a number of regional lending institutions. The author of Pennsylvania Condominium Law & Practice, and the new Pennsylvania Community Association Law & Practice, he is a national authority in condominiums and homeowners' associations. Mr. Glazer has held prestigious positions in the Philadelphia, Pennsylvania and American Bar Associations. A member of the American College of Real Estate Lawyers, the International Council of Shopping Centers and Community Association Institute's College of Community Association Lawyers, he is a graduate of Dickinson College and the University of Pennsylvania Law School.
Joshua C. Quinter, a member of the Construction Law and Business & Commercial Litigation groups, provided an update on the status and ramifications of the Employee Free Choice Act to the Greater Northeast Philadelphia Chamber of Commerce on July 14, 2009. Asked by the Chamber board to do so, he covered the legislation in its current form, the impact it would have on labor relations, and the political landscape surrounding it. The presentation was well received and members of the board found it extremely informative.
FIRM EVENTS
The women of Kaplin Stewart held a "We Don't Golf" networking event on Thursday, April 2, 2009 at The Radnor Hotel, in St. David's, Pennsylvania. Our special guest speaker was Natalie Kostelni, Staff Writer at the Philadelphia Business Journal, who discussed "Regional Economic Trends and the Emergence of Green/Sustainable Development". If you are interested in attending future "We Don't Golf" networking events, please contact Bonnie Vandenberg at gvandenberg@kaplaw.com or by telephone at 610-941-2574 to have your name added to our invitation list.
On Sunday, March 15, 2009, twenty attorneys and staff of Kaplin Stewart served as volunteers for Public Broadcasting WHYY TV's on-air membership drive campaign, happily taking pledge calls from viewers and new members. Maury B. Reiter, Managing Principal of Kaplin Stewart, contributed to the fundraising drive by presenting WHYY with a donation on behalf of the firm. With the support of the volunteers WHYY Channel 12 was able to raise a significant amount of money - well over $50,000 during Kaplin Stewart's on-air segment. WHYY has been providing intelligent, incisive television programming to the Delaware Valley for over 50 years, and depends heavily on public support. Kaplin Stewart's volunteers were thrilled to have been part of this effort by contributing their time, as well as pledging their support by becoming members of the WHYY community.
SEMINARS
Barbara Anisko, a principal in the Business & Commercial Litigation and Land Use, Zoning & Development groups, is the Course Planner for a new course being presented by the Pennsylvania Bar Institute on "Your First Bench Trial in a Commercial Case." The course will be presented in Philadelphia, Pittsburgh and Mechanicsburg, Pennsylvania and will cover not only the basics, but also the subtleties of trying a commercial case before a judge. Ms. Anisko has significant lead counsel experience in matters involving commercial, real estate transaction, land development, land use and zoning disputes.
Pamela M. Tobin, a member of the Business & Commercial Litigation group, will be speaking to the Montgomery County Paralegal Association on November 17, 2009 on the topic of eDiscovery. Ms. Tobin is well versed on the topic of eDiscovery in litigation cases and the need for businesses to have document retention policies in place. She presents regularly to area business groups on the subject. If you are interested in having Ms. Tobin speak to your group, please contact her at ptobin@kaplaw.com (610-941-2543).
Neil A. Stein and Amee S. Farrell of the Land Use, Zoning & Development group will present a program on "Incentive and Risk in Green Building - How to Protect Yourself When Entering Into a Contract on a LEED Certified Project" for the Associated Builders and Contractors Southeast Pennsylvania Chapter on February 24, 2010 from 4:00 - 5:30 P.M. at the ABC Training Room, 430 West Germantown Pike, East Norriton, PA. The cost is $45. If you are interested in attending you can register online at http://www.abcsepa.org/ or contact ABC at 610-279-6666.
Barbara Anisko, Robert A. Korn, Maury B. Reiter and Neil A. Stein will be presenters at the Pennsylvania Bar Institute's 13th Annual Real Estate Institute in Philadelphia on December 4, 2009. Ms. Anisko will present "Limitation of Remedies Clauses in Real Estate Contracts . . . and Their Potential Consequences," Mr. Korn will present "How to File and Defend a Mechanics' Lien," Mr. Reiter will present "Getting Kicked While You're Down! Tax Aspects of Real Estate Workouts," and Mr. Stein will present "Ancient Principles for Future Land Use Battles."
Dirk M. Simpsonand Maury B. Reiterof the Tax Law group, will be making presentations to Stewart Title Guaranty Company on November 4, 13 and 19 in Wilkes Barre, Camp Hill and Plymouth Meeting, Pennsylvania on "Taxes in the New Economy."
Neil A. Stein and Amee S. Farrell of the Land Use, Zoning & Development group presented a program to members of the Building Industry Association of Philadelphia at the Center for Architecture on October 13, 2009 on "Incentives and Risks in Green Building." Their presentation focused on understanding the rights, obligations and liabilities inherent in green building projects.
Wendi Kapustin, a Planning Specialist in the Land Use, Zoning & Development group, spoke at a seminar presented at the Pennsylvania Planning Association's Annual Conference in King of Prussia, PA on October 5, 2009 on the topic of "Town Center Development in Southeastern Pennsylvania." Ms. Kapustin is on the Upper Dublin Township, Montgomery County Planning Commission and has over 20 years of zoning related experience.
Maury B. Reiter, a principal in the Tax Law group, spoke at the September meeting of the North Penn Chapter of the Institute of Management Accountants on "Federal Income Tax Considerations in Debt Workouts." Mr. Reiter is a regular lecturer on various legal and tax-related topics on behalf of State CPA Societies and the Pennsylvania Bar Institute.
George W. Broseman was a presenter at a panel discussion, Navigating Challenges to Growth: Strategies for Facility Expansion Within Highly Developed Communities held on May 6, 2009 at the Main Line Chamber of Commerce in Wayne, Pennsylvania. The event was designed for institutions, which must often plan for growth despite facing complex municipal regulation, unique engineering and land development issues, and opposition from neighbors or groups anxious about "overdevelopment," especially in suburban communities. The panel consisted of experts in zoning law, engineering and public relations. They walked the audience through a hypothetical private school expansion project and shared proactive strategies for working with the community and municipal authorities to obtain approvals for the project. Other members of the panel were Richard Wells, Public Relations, The Wellynn Group and Robert Lambert, P.E., Engineer, SITE Engineering Concepts, LLC.
If you are interested in attending this program in the future, please email Bonnie Vandenberg at gvandenberg@kaplaw.com.
