office contacts
NORTHERN UTAH MCDONALD FIELDING, PLLC P.O. Box 1184 PLEASANT GROVE, UTAH 84062 (801) 372-0055 SOUTHERN UTAH MCDONALD FIELDING, PLLC 230 N 1680 E STE L-2 ST. GEORGE, UTAH 84790 (801) 792-2561 |
REAL ESTATE & LAND USE
McDonald Fielding handles all things real estate and land use. Our real estate experience includes liquidation and acquisition of real property, liquidation and acquisition of secured loans and loan portfolios, lender liability defense, real estate purchase contracts, option contracts, leasing, financing, mezzanine financing, due diligence, zoning and land use, broker and agent defense, brokerage advisory, title disputes and problems, title clearing and quiet title, title insurance, redevelopment, tax increment financing, Fair Housing Act and ADA compliance, loan workout and restructuring, receiverships, foreclosures, trustee’s sales, private money lending, commercial evictions, regulatory compliance, RESPA compliance, DRE investigations, and all real estate-related litigation. We routinely negotiate, draft, modify, and litigate commercial leases for all varieties of commercial real estate, including industrial/warehouse, office and retail properties. We help purchases and lenders in underwriting, due diligence, risk mitigation, documentation, and negotiation. We also assist lenders with the disposition, leasing, and management of REO/ORE properties, including conducting foreclosures and trustee's sales when needed. We work with a vast network of real estate brokers, agents, property managers, real estate investors, lenders, and other real estate professionals to provide the very best in commercial real estate services. We assist developers with land use issues, including annexation agreements, development agreements, and more. We also advise local governments regarding land use and development matters. FAIR HOUSING & GROUP HOMES
Our firm has unique experience advising local governments and helping group home/residential treatment facility developers and operators throughout the United States understand the complex regulatory environment of the Fair Housing Act, the Americans with Disabilities Act and the Rehabilitation Act, as well as how those laws interact with state and local land use laws and ordinances. From an initial request for a reasonable accommodation to complex litigation at the appellate level, our experienced attorneys are uniquely equipped to successfully navigate these challenging legal landscapes. Attorney Dan McDonald has handled FHA, ADA, RA and 42 U.S.C. § 1983 cases throughout the United States. He represented the City of St. George, Utah, in a $7 million group home/residential treatment facility case before the 10th Circuit, defeating the group home operator’s claim that the city violated the Fair Housing Act when it denied the developer’s request for a residential treatment facility. See Cinnamon Hills Youth Crisis Center, Inc. v. Saint George City, 685 F.3d 917 (10th Cir. 2012). He was also land use counsel for the developer that sued Boise County, Idaho, for discrimination against a proposed youth treatment facility and obtained a $5.4 million judgment, causing the county to file bankruptcy and garnering national media coverage. Alamar Ranch, LLC v. County of Boise, Civil No. 1:09-cv-004-BLW (U.S. Dist. Idaho). He is frequently asked to serve as a Fair Housing hearing officer or administrative law judge. He routinely gives training presentations to various groups of attorneys, cities, counties and governmental organizations throughout the United States with regard to the FHA. WILLS, TRUSTS & ESTATE PLANNING
We make estate planning more accessible and convenient for our clients. We ask questions first, then provide counsel tailored to our clients' unique situations. We determine unique estate planning strategy based on our client's goals and circumstances. We assist with preparation of the main components of most estate plans, which are often a trust, a last will and testament, a power of attorney, an advance health care directive, a disposition of personal property, and assistance with properly designating account beneficiaries. LITIGATION
Our firm offers litigation services and support in just about every aspect of civil litigation, from the simplest breach of contract case to complex, multiparty, and multi-claim litigation. Attorney Dan McDonald has successfully tried numerous cases in state and federal court and is a graduate of the National Trial Academy in Reno, Nevada. He is a seven-time recipient of the "Legal Elite" designation for business litigators and trial attorneys by Utah Business magazine. Both Dan McDonald and Kyle Fielding have extensive experience in civil litigation in courts throughout the State of Utah. BUSINESS CONTRACTS AND DISPUTES
We offer exception legal services to businesses and entrepreneurs. We assist in partnership agreements, LLC operating agreements, corporate organization and structuring, business contracts, business disputes and commercial litigation, and more. We take pride in being accessible, knowledgeable, and affordable, to Utah's businesses and entrepreneurs. |