Litigators Protect Rights in Resolving Real Estate and Land Use Issues

Helping businesses and individuals resolve zoning, contract, resource rights matters, and more

Strassburger McKenna Gutnick & Gefsky represents municipalities, real estate investors, and owners, developers, title insurance companies, national banks, investment banks, and opportunity funds in real estate related matters before state, federal, bankruptcy courts, arbitration proceedings, and in other forums.

What we do

Our real estate litigation attorneys take a strategic approach to litigating real estate matters and are confident in their approach because of their experience as transactional attorneys. SMGG attorneys are also steeped in banking, creditors’ rights and insolvency, business, and construction law. This multidisciplinary approach provides sophisticated, efficient, and highly effective representation in cases involving:

  • Title insurance defense matters
  • Purchase/sale contracts and options, including acquisition, post-closing adjustment, specific performance, and escrow matters, as well as rescission and other fraud/mistake claims
  • Secured loans, including foreclosure, receivership, guaranty enforcement, and disbursement issues, as well as lender liability and bad faith claims
  • Loan participations and other co-ownership arrangements, including inter-creditor agreement and agent disputes
  • Management and operating agreements, as well as common area maintenance and other reconciliation issues
  • Ownership structures, including partnership, limited liability company, and percentage disputes, such as dissolution, participation rights, termination, and dilution issues
  • Title matters, including bona fide purchaser/encumbrancer status, lien and ownership priority, easement rights, mechanic’s lien rights, adverse possession and other prescriptive rights, and erosion issues
  • Commercial leases, including eviction actions, and rights of first refusal matters
  • Major construction disputes, including subsidence, excavation, general contractor, and subcontractor disputes
  • Eminent domain disputes, including litigation regarding fair market value, right to take disputes, urban redevelopment issues, and relocation.
  • Condominium, planned community, and homeowner association disputes
  • Receivership
  • Guaranty enforcement and disbursement issues
  • Foreclosure

Proficiency covering a broad range of land use litigation issues

The SMGG attorneys actively represent clients before governmental bodies such as city planning boards and regional planning and economic development authorities.

The many land use issues in which we represent both private and municipal clients include:

  • Zoning board representation
  • Planning commission representation
  • Nonconforming uses
  • Variances
  • Zoning appeals
  • Intervention

Representation that sends a message

Our reputation as tenacious courtroom adversaries extends forward to the early stages of negotiation. When you need to let someone know that you are serious about resolving a land use or other real estate issue, turn to Strassburger McKenna Gutnick & Gefsky. Contact Kimberly Tague at to arrange for a consultation.