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He has particular experience in land use and local government law as well as real estate development litigation, including site plan issues, re-zonings, quasi-judicial proceedings and development agreements. Mike is a seasoned litigator and former federal court clerk.
Mike represents public companies and smaller, privately-owned businesses and local governments in federal and state court litigation, as well as in land use and real estate development and entitlement negotiations, processes and disputes. Mike has experience litigating throughout the United States but focuses his practice on land use, real estate and local government issues and solutions in North Carolina.
From his years of practice in New York City and North Carolina, Mike has extensive experience litigating high-profile matters throughout the United States. Mike specializes his practice in the areas of land use entitlements, real estate disputes and municipal and county government law, such as rezonings, annexations, site plan processes, financial services and security lawsuits, drafting and negotiating of development agreement, construction and lien disputes, environmental issues, public records, conditional and special use permitting, constitutional claims, administrative land use approvals and quasi-judicial proceedings before local government boards of adjustment and governing boards. Mike’s litigation practice and his past experience as a federal law clerk have encompassed the fields of securities regulation, federal torts, arbitrations, corporate governance, civil rights, collective bargaining, and antitrust law.
Mike has authored numerous articles and developed continuing legal education courses in the areas of land use, real estate, and local government law and litigation. Notably, Mike’s practice is branded and recognized throughout the State as the North Carolina Land Use Litigator, an information initiative weaving long-form Blogging and short-form Tweeting to add depth to the legal, political, and business issues facing corporate end users of real estate, real estate developers and local governments in North Carolina.
Presentations and Publications
Vested Rights, co-authored and co-presented with John Cooke, presented at the North Carolina Association of Municipal Attorneys Summer Conference, August 2016.
Representing the Local Government Decisionmaker in Quasi-Judicial Proceedings, co-authored with John Cooke, presented at the North Carolina County Attorneys Summer Conference, July 2016.
Key Developments in Local Government Powers and Land Use Law, presented at the annual meeting of the Real Property Section of the North Carolina Bar Association, February 2016.
"Rails to Trails" or "Rails to Trespass": Supreme Court Speaks on the Abandonment of Certain Railroad Rights of Way, American Bar Association Real Property Probate and Trust eReport, June 2014.
Little Pink Houses: Debate Regarding Zoning Laws and Accessory Dwelling Units Getting More and More Relevant, published on www.accessorydwellings.org (May 12, 2014).
Public-Private Collaboration and Agreements, and the “Tools in the Toolbox” to Effect Them (with John C. Cooke), presented at the joint annual meeting of the Government and Public Sector Section and the Zoning, Planning and Land Use Section of the North Carolina Bar Association, March 2014.
Defending Substantive Due Process Claims: Law and Practical Observations (with John C. Cooke), presented to the North Carolina Association of Municipal Attorneys, August 2013.
Eminent Domain from Start to Finish, National Business Institute, August 2013.
“Permitted Uses” and Neighbors’ Standing After Fort v. County of Cumberland, North Carolina Bar Association Zoning, Planning and Land Use Quarterly, December 2012.
The Administrative Land Use Decision As Both Sword and Shield, North Carolina Bar Association Zoning, Planning and Land Use Quarterly, June 2011.
Absolute Bar, a Roll of the Dice, or Somewhere In Between: Divining Application of the Two-Month Statute of Repose (with Anna V. Short), presented at the joint annual meeting of the Government and Public Sector Section and the Zoning, Planning and Land Use Section of the North Carolina Bar Association, April 2011.
Land Use and Zoning Law Litigation, National Business Institute, December 2010.
Opportunities Created by Recent Legislation for the Land-Use Practitioner, Real Property 2007, March 2007.
Recent Developments in Delaware Business and Securities Law, Bank and Corporate Governance Law Reporter, May 2009.
The North Carolina Development Agreement Law, A Matter of Perspective: Hot Topics for Land Use & Government/Public Sector Attorneys, May 2007.
Land Use and Zoning Team
Dewey Ballantine, LLP/Dewey & LeBoeuf, LLP, New York, NY, 2007-2009.
Womble Carlyle Sandridge & Rice, PLLC, Raleigh, NC, 2006-2007.
Dewey Ballantine, LLP, New York, NY, 2004-2006 (summer 2002).
Law Clerk, The Honorable Alan B. Johnson, United States District Court for the District of Wyoming, 2003-2004.