December 16, 2008
Paul J. Hanley assisted a pharmacy benefit management client with the acquisition of the assets of an Atlanta based pharmacy management business in a transaction valued at approximately $10 million. The transaction involved a bifurcated closing due to regulatory issues, as well as a post-closing purchase price adjustment and an extensive earnout involving over 87% of the purchase price, determined over two measurement periods, and payable in three installments.

November 25, 2008
Richard L. Harring and Grimshaw & Harring has been a long time supporter of the Colorado Judicial Institute, and for the sixth year in a row a group attended the Annual Judicial Excellence Awards Dinner held November 18, 2008.  Among the attendees were Jody Harper Alderman, Jamie N. Cotter, and Leslie E. Miller.     

The Colorado Judicial Institute was formed as a nonprofit in 1979 by a group of community leaders, most of whom were not attorneys. The goal is to promote excellence in the Colorado judicial system by building trust through education about the legal system.

Grimshaw & Harring congratulates the Judge Alfred C. Harrell, Judge Robert H. Russell, II and Judge M. Jon Kolomitz, and Magistrate Jane E. Westbrook, and also thanks Tony Eitzel from Denver Panoramic for the photograph below.

October 27, 2008
Paul Hanley was lead attorney in the representation of a developer of a natural gas project in western Colorado. The purchase price for a 30% interest in the project was over $12 million, and the complex purchase/workout transaction involved clearing title to over 125 oil and gas leases and utilizing sales proceeds to reach simultaneous settlements with ten lien claimants and over thirty other creditors. It also required the settlement and release of a bridge loan in an amount over $6.1 million.

October 13, 2008
Matthew R. Dalton authored an article regarding new requirements specific to some special districts providing utility services in the October/November issue of the SDA Newsletter.  The requirement is for certain entities to take action preventing and mitigating identity theft, and November 1, 2008 is the date by which a plan must be implemented. 

In 2003 Congress passed the Fair and Accurate Credit Transactions Act (“FACT Act”).  In late 2007, certain entities became required to establish and implement written Identity Theft Prevention Programs by the November 1, 2008 deadline.  The rule leaves much discretion, and the programs need only to be of “appropriate size and complexity” relative to the utility and the nature and scope of a District’s activities, but certain Special Districts who provide utility services are definitely affected. 

In this instance, the rule applies specifically to utility companies which are creditors – those which maintain “covered accounts,” or those that include the provision of water and sewer service for payment after the fact via an account established with the District.  Basically any account for which there is a “reasonably foreseeable risk to customers . . . from identity theft, including financial, operational, compliance, reputation, or litigation risks.” 

Adoption of a resolution can suffice, however there are certain important requirements regarding for example “Red Flags” that need to be included in a Dsitrict’s plan and the implementation thereof.  Review the entire article below, including a sample resolution, and contact Matt Dalton if you have any questions or would like Grimshaw & Harring to assist with drafting and advising as to implimentation of a fully compliant plan.

September 22, 2008
Wayne B. Schroeder was again included in the 2009 Edition of The Best Lawyers in America®, recognized in the specialty practice area of Eminent Domain and Condemnation.  Highly regarded among law firms, large corporations, media and the public, Best Lawyers’ unique nomination process renders it an unbiased resource.  Selection is based on an exhaustive and rigorous peer-review survey comprising more than 2.5 million confidential evaluations by top attorneys in the country.  No fee or purchase is required, ensuring Best Lawyers remains the most respected referral list of attorneys in practice.      

September 9, 2008
Wayne Schroeder was retained by Moreland Properties to file a section 1983 civil rights action against the City of Thornton for depriving Mr. Moreland of his procedural due process rights when Thornton took away the automobile dealership zoning on Mr. Moreland’s nine acre property at 144th Avenue and Interstate 25.  Chief Judge Nottingham ruled in favor of Mr. Moreland and, in a lengthy published opinion, found that Thornton’s failure to adequately apprise Mr. Moreland that an ordinance might deprive him of his protected property interest in the zoning classification of his land constituted a due process violation and established Thornton’s liability on Mr. Moreland’s section 1983 claim.  See Moreland Properties, LLC v. City of Thornton, 559 F.Supp.2d 1133 (D. Colo. 2008).

After the liability ruling, Thornton agreed to purchase Mr. Moreland’s nine acre property at 144th Avenue and Interstate 25 and pay additional damages to Mr. Moreland for a sum total settlement of $5.725M.

 August 18, 2008
Jamie N. Cotter joined the Grimshaw & Harring family in August as a new associate.  Ms. Cotter will focus her practice in the areas of civil, commercial and real estate litigation.  Jamie was born in Vermont, and moved to Colorado in 2002 to attend Colorado College and The Sturm College of Law at The University of Denver.

August 15, 2008
After many months of planning and hard work, the Grimshaw & Harring redux is complete!  We have taken over the entire 38th floor of the Wells Fargo Center, designed a new logo, and completely redesigned our website.   We hope this site is easy to navigate, and that you can easily reach the information you need quickly. 

Thank you for visiting.  We would love to hear your comments on the new design and remain committed to helping you with your legal issues, so please feel free to contact us, either with your feedback or just to say Hello.

August 4, 2008
This Wisconsin case settled on the eve of trial.  Involving starkly different approaches to valuing damages in a contract dispute, the judge stressed the importance of independent verification and objective data.

Plaintiff’s expert used raw data to prepare five different models of damages projections based on sales quotas, and in motions in limine the court allowed testimony on all five calculations, saying they would assist the jury in assessing damages.

Alternatively, the defendant’s expert prepared two sets of projections: one weighted and one unweighted. Both sets were derived from the plaintiff’s “alleged sales,” and the numbers were obtained from one document provided to the expert by Defendant’s counsel. Taking into account Plaintiff’s decreased sales performance, the defense expert’s original regression resulted in a “negative sloping trendline.” Because Plaintiff’s sales varied widely from month-to-month, the expert weighted the data to obtain a positive trendline for years five through 10 of the agreement.

The court focused not only on the source of the defendant’s expert’s data, but what he failed to do with it. Contrasted with Plaintiff’s expert’s independent valuation of raw data, the court said “the bottom line is that [the defense expert] never talked to anyone to verify the accuracy of the information in any of the documents he reviewed.” Finding the basis for his projections unreliable, the court excluded the projection testimony. The case settled on the eve of trial.

 June 19, 2008
Paul Hanley assisted a majority owner of an interest in a hotel/casino in selling to a minority owner in a sale and redemption transaction valued at $59 million. Consideration in the leveraged buyout transaction included approximately $55 million in cash, approximately $4 million in auction rate bonds, a lifetime employment agreement, and a lifetime lease of a suite in the hotel/casino.

June 13, 2008
Tom Grimshaw is one of seven lawyers in Colorado ranked as #1 Real Estate Individuals in Zoning and Land Use. In September 2007, 40 full-time researchers employed by UK based Chambers & Partners collected information and compiled a 2008 guide to the top law firms and lawyers in the United States. The resulting publication was reprinted in a June Law Week Colorado.

May 15, 2008
Wendy Harring and Paul Hanley assisted the developer of a mixed-use resort development in buying out two minority interest owners. The transaction involved redemption and sale of ownership interests in a corporation and three limited liability companies as well as the acquisition of several parcels of real estate forming a part of the development.

May 9, 2008
Richard Harring, Paul Hanley, Ron Fano, and Todd Seelman represented the firm at the 18th Annual Meeting of Meritas in Chicago, Illlinois. Meritas is one of the world’s largest and most respected legal resources – an integrated, non-profit alliance of more than 170 independent commercial law firms located in over 60 countries.

March 19, 2008
Intersol 2008, Paris France – William J. Brady
Bill Brady delivered a white paper and presentation on aspects of the 2007 European Union Environmental Directive and “Assurances Environnementaux” at Intersol 2008, Paris, France.  Le Comité Scientifique d’Intersol selected him to address the conference attendees, all of whom were from EU Member States.  The white paper, also published in “Environmental Regulation of Colorado Real Property,” Bradford Publishing, 2007, was also distributed to the conferees.   Held annually in Paris, Intersol is a prestigious international congress which this year focused upon the remediation of contaminated soils and groundwater, the transfer of associated risk and the conveyance of “brownfields” sites within the EU.  Bill addressed the various insurance coverages available for both retroactive and prospective liabilities.  In addition to Grimshaw & Harring, Bill appeared on behalf of the University of Denver Sturm College of Law and Meritas, our international affiliation of law firms of which Grimshaw and Harring was a founder.   For additional information, visit Intersol 2008.

March 7, 2008
Award Ceremony for Northwest Parkway Project
Russ Dykstra attended the ProjectFinance magazine North American project awards ceremony in New York, NY as part of the project team for the Northwest Parkway public private partnership (P3) concession.  The project received the 2007 Project Finance “North American Transport Deal of the Year” award at the ceremony.  Mr. Dykstra and Grimshaw & Harring, P.C. served as local counsel for the transaction in conjunction with national counsel, Chadbourne & Parke, LLP, representing the Northwest Parkway LLC. See 2007 Firm News for more project information.

The Northwest Parkway Project was also among six projects nominated for the International Financial Law Review (IFLR) America Award.  IFLR is a worldwide industry magazine that aims to reward innovation in the key practice areas in debt and equity capital markets, M&A, project finance, securitization and restructuring, and we are honored for the recognition.

January 1, 2008
After 30 years, Larry Berkowitz has stepped down from his City Attorney post to return to private practice.  Mr. Berkowitz has had a part-time presence at Grimshaw & Harring since 1995, and we welcome his knowledge and expertise full-time.  Larry will continue to specialize in the following areas:

•  Municipal and Governmental Law 
• Land Use / Zoning 
• Business / Finance 
• Finance / Bond Transactions 
• Liquor Licensing 
• Assisted Living Housing 

January 1, 2008
Todd R. Seelman and Russell W. Dykstra – Director/Shareholders
Effective the first of the year, Grimshaw & Harring, P.C. welcomes Mr. Seelman and Mr. Dykstra as its newest Director/Shareholders.  Mr. Seelman will continue his practice in the areas of complex civil litigation, especially involving antitrust and unfair trade practices, class actions, non-compete/solicitation agreements, trade secrets, fraud, negligence, partnership and shareholder disputes, employment, commercial contract disputes, and appeals. Mr. Dykstra will continue to represent public/private partnership projects, project finance, land use, transportation, special districts and real estate development.

Land Use Litigation

• Jamie N. Cotter

Related Areas of Law

• Assisted Living Housing
• Eminent Domain/Condemnation
• Land Use and Zoning
• Liquor Licensing
• Real Estate Litigation

Our water lawyers have secured decrees for complicated augmentation plans for the Denver Technological Center and other Southeast Denver Metropolitan area special districts. They represented the Douglas County Water Resource Authority in implementing a conjunctive use project that enjoys unprecedented West Slope/East Slope/Denver Water Board/State Engineer cooperation, to augment the water supplies of water districts and metropolitan districts in Douglas County. They also represent the Arapahoe County Water and Wastewater Authority, which presently provides water and wastewater services to a significant part of the population of Arapahoe County.

Attorneys serving Water Law

• Frank McNulty

The real estate group regularly advises on the purchase, development, sale, and financing of properties ranging from vacant land to residential, commercial, and industrial projects, including resorts, golf courses, hotels, ski areas, residential communities, athletic clubs, restaurants, warehouses, and shopping centers. Our attorneys are skilled at negotiating and closing acquisitions and sales, financing transactions, commercial leases, 1031 exchanges, construction loans, and workouts involving nonperforming loans and assets. They have extensive experience in land use and zoning matters and in representing homeowners, condominium, and other community associations. Our real estate attorneys also have represented clients in complex foreclosures and receiverships, mechanics’ lien claims, eminent domain proceedings, and other litigation involving real estate matters.

Real Estate Related Areas

• Acquisitions, Sales, and Leasing
• Community and Homeowners Associations
• Construction Law
• Development
• Eminent Domain
• Finance
• Land Use / Zoning
• Land Use Litigation
• Real Estate Litigation

Attorneys serving Real Estate

• Berkowitz, Larry W.
• Dalton, Matthew R.
• Dykstra, Russell W.
• Grimshaw, Thomas T.
• Hanley, Paul J.
• Harring, Wendy J.
• Hunsaker, James M.
• Kron, Norman F.
• Mayers, Lisa K.
• McNeish, Gilbert F.

Our land use attorneys specialize in rezonings for residential, commercial and industrial projects, as well as mixed use planned developments. We have experience with matters involving master plans, vested rights, downzoning, annexation, development agreements, transit-oriented development, telecommunications / broadcast facilities, group homes/assisted living facilities, outdoor advertising, subdivision plat and site plan review, dedications, exactions, impact fees, growth management (moratoria and interim controls), aesthetics, design control, historic preservation, and environmental land use controls (wetlands, flood plains, agricultural land preservation, conservation easements, ground water protection and transfer of development rights).

Our real estate attorneys have a wide range of experience in the Front Range corridor of Colorado, as well as rural areas and resort communities throughout the state. Our work in mountain resort communities includes extensive dealings with the U.S. Forest Service and the Bureau of Land Management.

Our attorneys practicing in this area are very experienced, having practiced for an average of over 35 years. They also have extensive teaching experience in certified continuing legal education programs and at local colleges and universities with degree programs that focus on the areas of planning and control of land development.

Attorneys practicing in Land Use / Zoning

• Gilbert F. McNeish
• Larry W. Berkowitz

Land Use / Zoning Related Areas of Law

• Assisted Living Housing
• Land Use Litigation
• Liquor Licensing
• Real Estate Litigation

• performing and assisting with due diligence requirements or completing environmental audits
• representing stakeholders in CERCLA (Superfund) and RCRA enforcement actions
• litigating environmental damage coverage disputes on behalf of policyholders against insurance companies
• recreating insurance coverage for multi-year/multi-site PRPs when policies are lost
• participating in rulemaking hearings concerning water quality standards
• advising clients concerning compliance and litigation regarding NEPA requirements
• advising clients on requirements for the transportation of hazardous materials
• participating in EPA-sponsored conferences on Superfund/RCRA and setting standards for the disposal of sewage sludge
• advising clients on the removal of leaking underground storage tanks and advocating for reimbursement from the state fund
• obtaining water decrees establishing water rights
• drafting product exemption laws for trade associations at the state or local level * investigating toxic releases contaminating property

Many of our environmental attorneys represent clients at high profile Superfund sites in Colorado and throughout the western United States, including the Lowry Landfill, the Rocky Flats former nuclear weapons production facility, the Stead Solvent Site in northwestern Nevada, and the Heartland of America site in Nebraska.

We have successfully litigated the three precedent-setting cases establishing the right of Colorado insurance policyholders to recover environmental damages under business policies.

Our attorneys have participated in White House conferences on CERCLA (Superfund), testified on behalf of clients in both houses of Congress, taught environmental courses at law schools and universities, and served as counsel for numerous public entities and private companies, from agricultural products companies to aircraft manufacturers, cities and counties to commercial landlords, citizens groups to engineering and environmental cleanup firms, dry cleaners to lenders, real estate developers to ski area owners, and wastewater treatment plants to water and sanitation districts.

Attorneys serving Environmental Law

• Brady, William J.

• McNulty, Frank

Also visit our section on Insurance Litigation.

Our attorneys have tried or settled dozens of cases involving Denver International Airport (DIA), E-470 Public Highway Authority’s toll road around Denver, the Colorado Department of Transportation’s project to expand Interstate 25 (T-REX), and various FasTracks projects.  We have represented private landowners in various urban renewal projects.  We have advanced many of Colorado’s significant public improvement projects, dating back to the acquisition of rights of way for Colorado’s major interstate highways.  We have also acquired property for open space, recreation, drainage improvement projects, water pipelines, city halls, roadways, schools and even a county jail.

Our eminent domain practice also includes appellate work: we have appeared in eminent domain cases in the Colorado Court of Appeals and the Colorado Supreme Court over thirty times.  Our lawyers are also frequent lecturers at continuing legal education seminars as well as conferences and seminars relating to land use, planning, trial techniques and appraisal methodology. 

Attorneys serving Eminent Domain

• Jamie N. Cotter

See also

• Real Estate Litigation
• Land Use Litigation