Kimberly S. Tague

Overview

Kimberly Tague assists clients with real estate transactional matters, including sales, acquisition, development, financing, leasing, zoning, land use, easements, title issues and clearance, licenses, and air space transfers. She also advises on real estate tax assessment and real estate tax exemption matters, including valuation appeals and property tax exemption applications, hearings, and appeals. Kimberly has extensive experience with homeowners’ associations assisting with the development, creation, management, and disputes associated with planned communities and condominiums and advising associations with governance challenges, elections, collections matters and disputes with the developer and neighbor to neighbor disputes. Kim is an experienced trial attorney and has litigated cases for clients with real estate litigation matters, including condominium and homeowners’ association disputes, title matters, boundary disputes, construction claims, eminent domain cases, and real estate development disputes.

Representative Matters

• Successfully defended real estate developers and successfully prosecuted cases on behalf of homeowners’ associations against developers in commercial litigation regarding condominiums and planned communities in disputes about common area assessments, real estate taxes, turnover of control of the association and construction claims related to common areas.
• Successfully defended condominium developer in three-week jury trial and defeated a claim for more than $6m for alleged common area construction defects.
• Successfully represented for profit and nonprofit entities with sales and acquisitions of facilities, including complicated acquisitions involving dozens of individual property acquisitions, property swaps and lot consolidations.
• Successfully obtained jury verdict in 100% of the amount sought on behalf of a home purchaser for consumer claims related to a national homebuilders’ misrepresentations and poor construction and successfully petitioned the court to then triple the verdict.
• Represent both for profit and nonprofit entities with real estate development matters including negotiation of finalization or termination of URA restrictions and termination or modification of existing deed restrictions.
• Represented commercial property developer in the successful development of an urban mixed use commercial building project, including acquisition of land, leasing, financing, urban redevelopment, zoning and permitting matters.
• Represented non-profit entities in the acquisition of more than $32m of properties throughout Western Pennsylvania including development and planning, financing both traditional and bond financing, land use issues and challenges, leasing, construction, and title insurance.
• Represented large national religious non-profit organization in restructuring its significant real estate portfolio to effectuate large scale lease project with a regional health care provider.
• Represented numerous landlords and tenants in the leasing of office buildings, shopping centers, retail, warehouse and manufacturing facilities and successfully negotiated long term leases.
• Represented both commercial landlords and tenants in lease buy outs and agreements regarding the termination or abandonment of a commercial lease.
• Represented both landlords and tenants in commercial landlord/tenant disputes and in litigation between commercial landlords and tenants.
• Successfully represented numerous property owners, both commercial and residential, in eminent domain negotiations, litigation and business relocation and successfully obtained a $1.35m jury verdict against the condemnor for a residential taking.
• Represented property owners in real estate tax assessment and exemption appeals in cases involving major shopping centers, stand-alone commercial and industrial properties, public property and purely public charities resulting in significant financial savings.
• Successfully represented planned community association in the negotiation of a complex mutual property exchange and facilitated turnover of common areas with a resort developer.
• Represented property owners in review and negotiation of various easements, including restrictive covenants and conservation easements and in litigation regarding use and existence of easements.
• Successfully represented property owners in litigation with oil & gas companies regarding production from existing wells and in disputes regarding unitization of the land owners’ properties resulting in favorable settlements for the property owners.