Jeffrey G. Wilhelm

Jeff is a member of the Real Estate Group with an extensive background that concentrates on real estate and land use litigation. He has acted as first chair in contract and land use disputes and has a history of successfully advising and representing clients faced with real estate litigation issues. As the primary litigator for the Pittsburgh Real Estate Practice Group, Jeff’s experience includes advising and litigating on a variety of contracts, such as loan agreements, development agreements, licenses, purchase and sale agreements, and leases. He has also advised on and litigated municipal bonds, tax increment financing, property tax exemptions, and property assessment appeals. His practice includes significant experience in the energy industry. He has represented clients targeted by restrictive municipal zoning amendments.

Experience

Representative matters

Represented municipal client in a taxpayer appeal against the Department of Economic and Community over the Department’s approval of the dissolution of a sanitary sewer authority and assumption of bond debt and obtained decision from the Pennsylvania Commonwealth Court denying the appeal.

Advised client on the defense of a taxpayer appeal challenging the creation of a tax increment finance agreement for a major retail development in Eastern Pennsylvania.

Represented a lender against a corporate borrower and its personal guarantors initially in an action to domesticate a judgment in West Virginia and collect on that judgment. On behalf of the lender, filed, argued and secured a preliminary injunction against the borrowers and subsequently secured a settlement that paid lender in full plus a substantial portion of its attorney fees.

Advised client on the defense of a taxpayer appeal challenging the creation of a tax increment finance agreement for a major retail development in Eastern Pennsylvania.

Represented client in proceedings before the Circuit Court of Marshall County, West Virginia seeking to open and vacate a $22.5 million default judgment and verdict and successfully vacated the judgment.

Represented senior secured lender in a dispute involving a receiver and the City of Pittsburgh Urban Redevelopment Authority regarding the sale and disposition of the August Wilson Center and obtained settlement paying the senior secured lender in full on the outstanding balance.

Represented lender against guarantors in breach of contract action based on a default on equipment finance loan and was granted summary judgment by the United States District Court for the Southern District of Ohio awarding client damages in an amount of $26 million.

Represented major coal company in breach of contract action against an exporter over compliance with the terms of coal supply agreement in the United States District Court for the District of Delaware and obtained favorable settlement.

Represented the developer on the closing of the first Transit Oriented Development (TOD) in a community south of the City of Pittsburgh. Dawson is leasing land from the Port Authority of Allegheny County at the South Hills Village subway station for the purpose of developing rental apartments and shared parking with subway riders.

Represented developer in a specific performance action over a purchase sale agreement against seller and putative third party purchaser resulting in a bench verdict from the Allegheny County Court of Common Pleas compelling specific performance of the sales agreement and awarding attorney fees.

Represented major pharmaceutical company in dispute with Lower Gwynedd Township regarding Township’s efforts to rezoning its 154 acre campus while the campus was under contract to a third party buyer; successfully guided the client through the municipal process resulting in the defeat of the proposed ordinance.

Represented oil and natural gas developer in municipal proceedings regarding the drafting of a local zoning amendment related to oil and gas development in Ridgeway Township.

Represented oil and natural gas developer in successfully obtaining land use approvals for the construction of a compressor station and subsequently for a freshwater impoundment in Fayette County, Pennsylvania.

Represented oil and natural gas developer in mandamus action filed in the Westmoreland County Court of Common Pleas against Penn Township seeking to compel final permitting to construct an unconventional oil and gas well pad resulting in a settlement requiring the issuance of the final permitting allowing for construction of that pad.

Represented oil and natural gas in 42 U.S.C. § 1983 action filed in the United States District Court for the Western District of Pennsylvania against Penn Township which resulted in a Consent Judgment awarding three permits for unconventional well pads in the Township.

Represented property owner in successful preliminary injunction action to remove Occupy Pittsburgh from green space operated as a private park.

Represented major retail client in administrative proceeding over the issuance of a Highway Occupancy Permit from PennDOT for a major land development situated in Moon Township and successful defended the issuance of the permit.

Represented major retail client in land use appeal by objectors over the permitting of major land development plan in Town of McCandless and obtained favorable decisions for the client in the Court of Common Pleas for Allegheny County and the Pennsylvania Commonwealth Court.

Represented medical provider in successfully obtaining land use approvals from the Fayette County Zoning Hearing Board, over objections, for the relocation of a primary care clinic servicing Veterans.

Confessed judgment against tenant who had failed to renew its lease and attempted to improperly hold over to prevent occupancy of the space by a competitor. Ultimately, executed on the judgment and evicted the tenant.

Represented retail client in a select tax assessment appeal filed by the Philadelphia School District and obtained a complete quashal of the appeal by showing that School District violated the uniformity clause of the Pennsylvania Constitution.

Represented owner in a real estate tax assessment appeal of a super regional mall in Bucks County. Developed expert testimony and engaged in settlement negotiations that resulted in approximately $5.3 million in tax savings, including an additional $1 million in tax savings at the Trial Court level despite the fact that the tax jurisdictions initiated the Trial Court appeal.

Represented receiver in a real estate tax assessment appeal to Trial Court of a distressed super regional mall and related out parcels. Conducted discovery, prepared expert, engaged in settlement negotiations, and resolved appeal by obtaining a favorable settlement that resulted in more than $3.3 million in tax refunds and credits for the mall.

Represented mortgagee in Shubh Hotels (f/k/a Pittsburgh Hilton) bankruptcy case (a 700-room hotel). Filed, developed evidence, and adduced trial testimony in support of a Motion to Appoint Trustee which was ultimately granted.

Assisted ACLU with representation of a third-party who was subjected to a gag order issued by family court. Petitioned to intervene for the third party and convinced the Court to vacate gag order.