Lawyer Bio : John C. Cooke
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John C. Cooke
Raleigh
John has more than 30 years of experience in land use law and real estate litigation. Based in the Raleigh-Durham region, John practices throughout North Carolina. He represents all types of business clients - developers, end users and land owners - when they attempt to use their land or maximize its value through securing entitlements, forming public-private agreements or handling litigation.
Because John represents private clients as well as local governments, he has an understanding of the economic and policy issues which influence governmental officials and private companies. Consequently, he frequently negotiates and drafts specialized agreements and local laws for clients.
Building on his land use and zoning practice, John has developed niches in the areas of water regulations which restrict the use of land and complex civil litigation concerning unusual issues and matters of first impression such as historic lighthouses and the limits of local government powers.
Land Use/Zoning
John provides comprehensive solutions for all aspects of land use and zoning law problems. Whether a new or existing development, John’s goal is to secure all of the entitlements from local, state and federal agencies needed to enable the client to build its plans. He works to ensure that the entitlements remain in place as long as is legally possible to protect the client’s financial projections from adverse future changes in laws and regulations so that multi-phased developments are successful.
His practice includes:
- Preparing and securing amendments to zoning and land use laws to enable development.
- Securing legal interpretations, permits, approvals and certifications from local, state and federal agencies which enable clients to build their plans.
- Obtaining vested rights to complete developments.
- Negotiating agreements with municipal and county governments including agreements related to development, reimbursement, water and sewer, interlocal governmental cooperation and other agreements which plan and provide for provision of public infrastructure to support the client’s development.
- Representing clients before local and state regulatory bodies.
Real Estate Litigation
When litigation cannot be avoided, John works with clients to resolve real estate disputes as efficiently and effectively as possible. He represents property owners and developers in zoning and land use litigation; breach of contract and lease disputes; boundary, easement and restrictive covenant issues; complex real estate partnership disputes; and litigation involving lien priority or title issues.
His clients include major retail companies, shopping center owners, developers, local governments and commercial landowners.
John is a co-author of the North Carolina Land Use Litigator, a blog that digests and analyzes land use legal issues that matter to developers and local governments in North Carolina.
Representative Appellate Cases
Land Use/Development
Amward Homes, Inc. v. Town of Cary, (2011)—local government’s power to impose fees for schools.
Cary Creek Ltd. Partnership v. Town of Cary, (2010)—local government’s power to adopt riparian buffers.
Cary Creek Ltd. Partnership v. Town of Cary, (2010)—local government’s denial of a variance.
Real Estate Litigation
Progress Energy Carolinas, Inc. v. Strickland, (2007)—utility’s power to condemn property.
Belverd v. Miles, (2002)—interpretation of restrictive covenants.
Cardinal Extension Co., LLC v. Pleasant, (2002)—jury verdict in condemnation case.
Alchemy Communications Corp. v. Preston Development Corp., (2002)—interpretation of long term lease.
Lattimore v. Regency Park Corp., (2000)—surface water liability and imposition of severe sanctions.
Chappell v. Donnelly, 113 N.C. App. 626, 439 S.E.2d 802 (1994).
Contact
- (919) 755-2192
- (919) 755-6083
Professional Activities
Bar Associations: Wake County Bar Association; North Carolina Bar Association; American Bar Association; North Carolina State Bar.
Admitted to practice before all North Carolina State and Federal courts.
Member, NAIOP, the Commercial Real Estate Development Association.
Listed in the Best Lawyers in America, North Carolina Super Lawyers (Land Use/Zoning).
Civic Activities
Community Activities
Chairman, Wake County Water and Sewer Plan Implementation Team (1999-2003); Wake County Water and Sewer Task Force (1996-1999); State of North Carolina Neuse River Basin Regional Council (1995-1997); Chairman, Government Issues Committee (1996-1998); Chairman, Water and Sewer Task Force (1994-1996); Executive Committee of the Board of Directors (1992-1994); Board of Directors, Raleigh Little Theater; Raleigh Chamber of Commerce, Board of Directors (1991-1994); Vice Chairman of the Board for Governmental Affairs (1992-1994); Zoning Ordinance Revision Task Force (1991-1992); Wake County Blue Ribbon Committee (1991-1992); City of Raleigh Economic Development Strategies Task Force (1990-1991); Chairman, Public Safety Subcommittee; Inter-City Task Force (1989-1995); Chairman (1991-1993); Chairman, On-Premise Sign Ordinance Task Force (1988-1989); Former Member, Raleigh City Museum Board of Directors.
Education
B.A., History and Politics, 1975, Wake Forest University, cum laude, with honors in History; J.D., 1978, Wake Forest University School of Law; North Carolina Municipal/County Administration, 1984, North Carolina Institute of Government.
Prior Legal Experience
Adams Dorton & Bland (1984-1985), merged with Maupin Taylor & Ellis to form Maupin Taylor Ellis & Adams, P.A. (Director 1985-1996) (Principal 1996-1997), Raleigh, North Carolina; Assistant Wake County Attorney (1978-1983).
Publications
John C. Cooke, “Challenging and Appealing an Administrative Zoning Decision”, Practical Guide to Zoning and Land Use Law (National Business Institute) (February 2009);
John C. Cooke and Michael T. Henry, “Analyze The Land Subdivision Process”, Land Use Law: Current Issues in Subdivision, Annexation and Zoning (National Business Institute) (September 2008);
John C. Cooke and Michael C. Thelen, “The North Carolina Development Agreement Law”, A Matter of Perspective: Hot Topics for Land Use and Government/Public Sector Attorneys, North Carolina Bar Association Joint Zoning, Planning and Land Use Section and Government and Public Sector Section Joint Annual Meetings (May 2007);
John C. Cooke and Michael C. Thelen, “Opportunities Created by Recent Legislation for the Land Use Practitioner”, Real Property 2007 (Wake Forest University School of Law Continuing Legal Education) (2007);
John C. Cooke, Garrett R. Perdue and Elizabeth T. Smith, “Land Use Problems, ‘Kelo and Its Aftermath’”, North Carolina Bar Association Annual Meeting (June 2006);
John C. Cooke and Christine Carlisle Odom, “Judicial Deference to Land Use Decisions and the Emergence of Single Class Equal Protection Claims”, Environmental Law Reporter (Fall 2000);
John C. Cooke, Christine Carlisle Odom, and Eric M. Braun, “Constitutional Limitations on Local Government Land Use Decisions”, Wake Forest School Law Real Property 2000 Seminar (Fall 2000);
John C. Cooke and Christine Carlisle Odom, “Water Quality Regulations and The Use of Land for Real Estate Development: The Current Regulatory Framework and an Outlook for the Future”, North Carolina Bar Association Real Property Annual Meeting (July 2000);
John C. Cooke and Christine Carlisle Odom, “Discrimination and Judicial Deference to Local Government Land Use Decisions”, National Law Journal (October 1999);
“Litigation in Boundary and Title Disputes”, North Carolina Boundary Law and Adjoining Landowner Disputes (Professional Education Systems, Inc.) (1987, 1989, 1992, 1996, 1997, 1999); cited in Chappell v. Donnelly, 113 N.C. App. 626, 627, 439 S.E.2d 802, 803 (1994);
“Real Property Litigation”, Real Property (Wake Forest University School of Law Continuing Legal Education) (1990, 1992, 1995, 1999);
“Legal Issues in Obtaining Development Permission”, Real Property (Wake Forest University School of Law Continuing Legal Education) (1995);
“Drafting of Real Estate and Construction Contracts”, Contract Price Manual (Wake Forest University School of Law Continuing Legal Education) (1991);
“Recent Cases and Trends Affecting Real Estate Transactions from an Environmental Perspective”, Real Property Transactions - Avoiding the Legal and Technical Environmental Pitfalls (1988);
“How to Handle a Board of Adjustment Case”, Major Land Use Laws in North Carolina (National Business Institute, Inc.).
Areas of Proficiency
- Real Estate Litigation
- Commercial Litigation
- Land Use and Municipal Law
Honors
