AREAS OF PRACTICE OVERVIEW

Huff Wilkes, LLP is a New York law firm that concentrates its practice in the operation, development, transfer and financing of real estate, with a special emphasis on the relationship between property owner and local government. We are also recognized as a leader in commercial litigation, arbitration and mediation. We counsel and represent our clients in sophisticated litigation and appeals in the state and federal courts; valuation disputes; property tax and condemnation proceedings; planning, zoning and environmental matters; construction litigation; development, leasing, and the purchase and sale of properties.

Clients include many of the largest institutional owners in the world; private local real estate investors, users, and tenants; developers; real estate investment trusts; lenders; homeowners; and property management companies. Our firm also serves as counsel to selected municipalities, and as real estate advisors to governments in developing markets around the world.

Our lawyers bring to the firm a wealth of real estate and municipal experience, as well as seasoned professional relationships with the officials, experts, and practitioners prominent in our areas of practice. As a result, our clients receive a level of service and experience that allows them to pursue their objectives efficiently.

COMMERCIAL LITIGATION

Our Commercial Litigation practice group brings extensive experience to the prosecution and defense of a full range of civil cases in national and local arenas. We represent major national and international corporations, closely-held companies, and individuals in a broad range of litigation matters. Our attorneys have successfully handled complex litigation involving state and local government agencies, as well as sophisticated product liability and insurance matters.

Huff Wilkes’ attorneys are admitted to practice, and appear before state and federal trial and appellate courts in many different litigation forums. In addition, our attorneys represent Huff Wilkes clients before all levels of administrative tribunals.

Our Commercial Litigation group’s practice includes:

  • creditors’ rights litigation
  • surety litigation
  • lender liability claims
  • eminent domain proceedings
  • employee and personnel disputes
  • professional malpractice litigation
  • construction litigation
  • claims which arise in the interpretation and implementation of contractual and business obligations

As a result of our extensive civil trial experience, we are often able to assist clients in the negotiation and resolution of controversies without resort to litigation. Our attorneys regularly participate in all forms of alternative dispute resolution, including arbitration, mediation, and evaluation.

CONSTRUCTION LAW

Our Construction Law practice provides transaction and litigation services to construction companies; contractors and subcontractors; construction suppliers; and property owners throughout New York and Connecticut.

Huff Wilkes’ Construction Law attorneys assist with the full scope of legal concerns relating to construction projects, from the planning phase through to construction completion. We also provide client representation in court litigation, mediation, and arbitration in any disputes that arise related to construction projects.

The Huff Wilkes Construction Law practice provides owners, developers, and tenants with counsel regarding issues including:

  • Acquisition and sale of real estate
  • Zoning, land use, and development representation
  • Negotiation of contract forms, specifications, and other contract documents
  • Representation in breach of contract, fraud, errors, omissions, delay damage, and mechanics’ lien actions
  • Environmental control and defense of disputes regarding the removal and disposal of contaminated and unsuitable soils
  • Obtaining permits and variances for developments on land previously used as landfill
  • Defense of OSHA citations and suits involving accidents and fatalities on construction projects
  • Negotiation of all aspects of construction transactions
  • Litigation, arbitration, and mediation of construction disputes

MUNICIPAL LAW

Our attorneys provide legal counsel and litigation services to municipalities as well as businesses and individuals that seek to obtain government approvals or redress claims against municipalities. All of our attorneys boast extensive experience in the arena of municipal law, with emphasis on property tax [link to Property Tax and Assessment] , land use, and civil rights litigation.

Huff Wilkes attorneys provide legal representation in matters including:

  • Property tax (certiorari) appeals and litigation
  • Municipal-wide property revaluation
  • Eminent domain and condemnation
  • Planning and zoning counsel
  • Environmental counsel and litigation
  • Land use applications [link to Land Use & Environmental Law]
  • Drafting municipal contracts
  • Construction issues [link to Construction Law]
  • In rem foreclosure (property tax foreclosure)
  • Legislation drafting
  • Equalization and Assessment
  • General counsel
  • Civil rights litigation defense

PROPERTY TAX & ASSESSMENT

The Huff Wilkes Property Tax practice group represents some of the world’s largest property owners and tenants, as well as New York State municipalities, in a range of matters related to property taxation and assessment. In addition to property tax litigation in courts on a daily basis, our attorneys provide opinions and strategy in connection with tax planning activities; economic development and incentives; major acquisitions; governmental policy; and equalization and assessment matters.

In addition to tax certiorari, our property tax practice is a national leader in areas such as:

  • Municipal revaluations
  • In rem foreclosures
  • User fees
  • Exemptions for religious institutions, foreign governments, hospitals, agriculture, special interest groups, and others
  • State equalization rates and assessment ratios
  • School district segment rates
  • Board of Assessment Review practices and procedures
  • Legal valuation methodology
  • Special franchise and utility taxation
  • Assessment records maintenance
  • Tax rates
  • Tax projections and forecasting
  • Issues in separating intangible and personal property value from realty value

Our property tax practice has many years of experience litigating complex valuation issues involving different types of properties and property owners, including: major office complexes and portfolios; real estate investment trusts; hotels, motels, and hotel franchises; retail establishments and “super malls”; nursing homes and assisted living facilities; restaurants; resort properties; golf courses; country clubs; utility properties; apartment complexes, condominiums, and cooperatives; vacant land; and other projects.

In addition, we have litigated property tax matters involving environmental contamination, PILOT assessments, exemptions, business enterprise value, lodging valuation, capital improvements, Fair Housing Act challenges to revaluation, new construction, conservation easements, land under water, and many others.

LAND USE AND ENVIROMENTAL LAW

Our attorneys handle issues related to all aspects of land use and development, including:

  • Zoning applications and appeals
  • Zoning text amendments
  • Special permits
  • Area and use variances
  • Subdivisions
  • Planning board applications
  • Building permits
  • Building department representation
  • Transferable development rights
  • Article 78 litigation to compel or reverse municipal actions

Huff Wilkes’ Land Use attorneys regularly appear before municipal boards to obtain changes in zoning, subdivision approvals, special permits, and site plan approvals for commercial and residential properties. The group has extensive experience with the State Environmental Quality Review Act (SQRA) process and with assessing environmental impacts.

The Huff Wilkes Environmental Law team has successfully counseled clients and litigated, when necessary, on a variety of important environmental issues, including:

  • Clean Water Act litigation
  • Clean Air Act litigation
  • Wetlands
  • Water permits
  • State Environmental Quality Review Act (SEQRA) assessments
  • Oil spills
  • Representation before governmental agencies such as the Department of Environmental Protection, the Department of Environmental Conservation, and local administrative agencies.