Dusty is a trusted adviser to clients in all aspects of real estate development, negotiating complex contractual arrangements for acquisitions and dispositions. Her real estate work has an emphasis on real estate litigation, including real estate tax-assessment appeals, land-use and zoning appeals, and eminent domain proceedings. Dusty counsels her clients on an array of sustainability issues that impact development projects, including resolving disputes, managing risk avoidance, obtaining regulatory approvals, and transportation-related issues.
Experience
Representative matters
Representative matters
Advised a national sporting franchise in the structuring and negotiation of Pennsylvania's first community benefits agreement that allowed for the development of a new arena in a metropolitan area.
Represented a consortium of cellular communications tower companies in litigation concerning the taxability of communication towers for purposes of property tax assessment
Represented Allegheny County (Pa.) taxpayers in a class action in connection with a court-ordered, county-wide increase in assessment of real estate taxes
Experience
Advised a national sporting franchise in the structuring and negotiation of Pennsylvania's first community benefits agreement that allowed for the development of a new arena in a metropolitan area.
Represented a consortium of cellular communications tower companies in litigation concerning the taxability of communication towers for purposes of property tax assessment
Represented Allegheny County (Pa.) taxpayers in a class action in connection with a court-ordered, county-wide increase in assessment of real estate taxes
Represented a national real estate developer in obtaining transportation approvals and tax increment financing approvals in the City of Pittsburgh, Allegheny County
Represented a national real estate developer in obtaining tax increment financing in East Franklin, Armstrong County; Union Township, Lawrence County; White Township, Indiana County; East Huntingdon, Westmoreland County; and Chippewa, Beaver County (all Pa.)
Represented a national discount retailer in the acquisition and leasing of properties for development of discount stores, including land use, zoning and all development-related issues
Represented a national convenience store in an analysis of the real estate taxes payable by the convenience store on its locations throughout Pennsylvania, including pursuing appeals through the local administrative agency, Court of Common Pleas and Appellate Courts
Advised a regional real estate developer in the development of pharmacies and in zoning and various land-use matters in Western Pennsylvania
Advised a major Pennsylvania bank in an analysis of the real estate taxes payable on all of the branch bank locations owned or leased by the bank
Advised a major supermarket chain in an analysis of the real estate taxes payable by the supermarket on all of its supermarket locations, warehouses and office buildings in Western Pennsylvania
Successfully defended a major hospital in a case where the county challenged its tax-exempt status; resulting in the county withdrawing its petition
Successfully defended a housing authority in a challenge by a county to the tax-exempt status of 63 of its rent-to-own properties
Assisted the Pittsburgh Penguins for the development of the 28 acre Civic Arena site in the Lower Hill District of Pittsburgh, the former home of the National Hockey League team. The project will eventually consist of over 1 million square feet of residential, office, retail, entertainment and hospitality options. There is also a significant affordable housing component to the project. The drive to complete a new master plan for the site involved substantial revisions to the Penguins’ existing redevelopment option agreements along with concurrent efforts connected to tax incentives that included a LERTA (Local Economic Revitalization Tax Assistance) and the explorations of options found in the Federal Opportunity Zone regulations that are part of the 2017 Tax Cuts and Jobs Act. We also assisted with the creation of a Master Owners Association that will govern the common area, residential, office, retail and entertainment venues on the new site along with the new home of the Penguins, PPG Paints Arena. With the long term help of the firm, a $500 million project that can revitalize entire neighborhoods is now ready to break ground.
Recognitions
Recognized by The Best Lawyers in America® (Real Estate Law), 2006–2027
Ranked in Chambers USA for Pennsylvania: Pittsburgh & Surrounds Real Estate (Band 1), 2022-2026, and Pennsylvania Real Estate: Zoning/Land Use, 2024-2026
- Recipient of a national award from the Urban Land Institute for If Cities Were Built by Women, 2022, through the Women’s Leadership Initiative (WLI)
Credentials
Education
Education
- Pennsylvania State University, The Dickinson School of Law, 1979, J.D.
- Allegheny College, 1975, B.A.
Professional admissions & qualifications
Professional admissions & qualifications
- Pennsylvania
Court admissions
Court admissions
- U.S. District Court - Western District of Pennsylvania
Professional affiliations
Professional affiliations
- Southwestern Pennsylvania Commission – Outside General Counsel
- Dress for Success – Past Member, Board of Directors; Chair, Audit Committee
- Pennsylvania Early Learning Investment Commission – Member, 2024-2027
- Penn State Dickinson Law – Campaign Chair, 2017-2022; Leadership Council Advisory Board; Dickinson Law Association – Member
- Allegheny College – Board of Trustees, 2018-present
- Allegheny Regional Asset District – Board Chair; Member, Board of Directors, 2009-present
- Pennsylvania Supreme Court – Member, Continuing Legal Education Board, 2016-2022; Treasurer, 2022
- Urban Land Institute – Board Chair, Women’s Leadership Initiative, 2019-2021; ongoing committee leader on women’s initiatives
- “Built by Women: How would women design cities differently” – Program Organizer and Moderator
- Pennsylvania Bar Association – Member; Co-Chair, Women in the Profession Committee Report Card Subcommittee, 2021-present
- Planned Parenthood of Western Pennsylvania – Past Board Chair; Emeritus Board Member; Outside General Counsel
- Juvenile Diabetes Research Foundation of Western Pennsylvania – Former President, Board of Directors; Leadership Advisory Council
- Riverlife – Past Member, Board of Directors; Executive Committee
- Chatham University’s Pennsylvania Center for Women in Politics – Advisory Board Member
- Allegheny County Bar Association – Past Member, Board of Governors; Chair, Council for the Real Property Section, 2010
- Pennsylvania Supreme Court – Disciplinary Board Hearing Officer
- Winchester Thurston School – Past Member, Board of Trustees; Board Treasurer; Finance Chair; Chair of Strategic Planning Committee
- Allegheny County Transportation Action Partnership – Legal Counsel, appointed by County Executive Dan Onorato during his tenure
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