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Real Estate Litigation

About This Practice Area

Sophisticated real estate litigation is a major practice area of our firm. Our attorneys are knowledgeable and experienced in real estate-related disputes, including arbitration and traditional litigation. We have represented clients in all areas of the real estate industry, including owners, developers, management companies, brokers, and investors.  We have handled – and tried to conclusion – many disputes related to the following areas:

  • Rezoning and permit disputes
  • Partnership and LLC disputes
  • Environmental contamination
  • Enforcement of purchase and other contracts, including option agreements and rights of first refusal
  • Financing disputes

Representative Matters

Our firm represented a treatment facility for children with eating disorders.  After a municipality approved our client’s proposed use, the city’s zoning board of appeals caved to political pressure and reversed the city’s initial decision.  We obtained a reversal in the superior court and the Court of Appeals of Georgia affirmed. 

Georgia Dept. of Behavioral Health and Developmental Disabilities v. United Cerebral Palsy of Georgia, 298 Ga. 779 (2016)

We represented a Fortune 50 company in a zoning appeal.  Our client purchased a commercial property for over $60 million after our client obtained assurances and positive feedback from City officials with regard to our client's proposed redevelopment.   Despite the positive feedback and assurances, the City Council initially denied rezoning.  Our client filed suit, and the City Council subsequently voted to approve the rezoning.

Our firm represents a high tech manufacturer who sought a city zoning variance to expand its facilities, but faced opposition from a neighboring property owner.  We advised our client on the permitting process and dealt directly with the city attorney to address the potential objections, and the client’s permit was approved.

Our firm represented the builder of a 124-unit senior living facility in a city zoning dispute regarding the type of construction required for the facility.  The firm intervened and obtained a favorable resolution with the city, saving our client significant construction costs.  

Our firm recently won the dismissal of claims filed against our clients in a case for the proceeds of the sale of a Florida hotel.  The court agreed with our client’s position and recognized that there was no basis for the plaintiffs’ most potentially lucrative claims, including a cause of action under the Georgia RICO statute.

The firm recently obtained the dismissal of multiple claims and potential liability over $2.1 million in a partnership dispute regarding a commercial real estate transaction in which the plaintiff was seeking over $2.1 million in damages.

We represent a client who provided substantial funds to a close family friend- a real estate developer. The money was to be used for various real estate projects. Despite numerous promises, the developer failed to repay our client. We asserted claims of breach of contract, breach of fiduciary duty, negligence, promissory estoppel, piercing the corporate veil and punitive damages in Fulton Superior Court. The developer filed a motion for summary judgment, which was denied. The case will proceed to trial.

The firm successfully represented a Fortune 100 company in a recent multi-million dollar contract dispute with a real estate investment firm involving the company’s lease of 100,000 Sq. Ft. of office space in north Atlanta.  The property, which was part of a previously troubled CMBS trust, had housed the company’s regional headquarters.  Our firm worked with in-house counsel for the company to structure a settlement that allowed the company to proceed with its plans to move to a new location in Atlanta and save the company approximately $4 million in future liabilities.

We represented two individuals who borrowed over $1 million dollars to build a home in Sandy Springs.  The lender filed suit against our clients.  In the lawsuit, the lender sought to void modifications to debt instruments that the lender executed.  We obtained summary judgment in our client's favor.  The decision was subsequently affirmed by the Georgia Court of Appeals and has been cited numerous times. 

Our firm represented a property owner who sought a variance to build on his residential property.  The city denied the variance.  The property owner retained our firm.  We successfully appealed the denial of the variance, and the owner was able to build in his property.

Our firm represented the developer of a major Atlanta condominium project in the Buckhead area against condominium purchasers.  The purchasers sought to rescind their contracts to buy condominiums. Most of the cases have settled on terms very favorable for our client.

Our company has a multibillion dollar real estate portfolio, and we work with law firms around the country. We retained the Robbins Firm to handle a rezoning challenge involving a major real estate development of ours in the Southeast. The Robbins Firm has a unique combination of deep expertise in real estate law, top-notch trial skills and strategic understanding of the political process. They deployed all of those attributes in helping us obtain the rezoning we needed while maintaining a good relationship with the jurisdiction in which the project is located. In addition to the great result, working with the Firm was a pleasure. The Firm was very receptive to our input and guidance, and we established a true collaborative relationship.

M.M., Corporate Counsel, Large insurer

I called on Richard Robbins and Josh Belinfante of the Robbins Firm to represent me in a difficult landlord/tenant dispute with a governmental agency involving a large office building I manage.  At our jury trial, their cross examination and closing argument was nothing short of brilliant.  As a former attorney myself and one who has been represented by numerous other firms and attorneys, the Robbins Firm ranks at the very top and my first choice, no matter how complex the facts, circumstances and legal issues may be.  The Robbins attorneys were able to win at every turn against the government, including literally every penny in unpaid rent we asked for, plus attorneys’ fees and interest.  It is tough to fight the government, but the Robbins Firm successfully did so.

P.S., Real estate owner

I have worked with Robbins Firm attorneys for 20 years on a variety of difficult real estate disputes, from commercial landlord/tenant disputes, to partnership disputes and lender issues.  They have provided me with savvy business and legal advice and have represented me capably in litigation.  Most recently, they resolved a very difficult development lawsuit in less than a month, which allowed a multimillion dollar real estate project to go forward.  They have always been there for me when I needed them.

C.H., Real estate developer