Real Estate

Cases

• Representing a national real estate investment company in breach of contract disputes.
• Won a plaintiff's jury verdict in Denver District Court for an investor in a multimillion dollar breach of contract trial. The case arose out of a mismanaged real estate development project.
• Representing a global commercial real estate company in connection with various issues, including foreclosures and guaranty agreements.
• Successfully represented Aimco, one of the largest apartment owners in the U.S., in nationwide litigation alleging intentional torts against Airbnb. After jury selection in the first trial, Airbnb settled all litigation on terms allowing Aimco to control short-term rental activity consistent with its contract and property rights.
• Won reversal of summary judgment against our client, a real estate developer, in a dispute over a reciprocal easement, the outcome of which had a multimillion-dollar effect on the value of the property. The case was remanded to district court with orders to hear evidence at trial.
• Obtained injunctive relief for a shopping center owner and developer requiring an adjacent property owner to renovate the shopping center common area according to the terms of a reciprocal easement agreement.
• Represented a major REIT in class action arbitration initiated to recover damages related to a natural disaster.
• Won a bench trial—including an award of attorneys' fees—for a national title insurance company in connection with a case involving the fraudulent sale of property.
• Successfully defended against a real estate company's claims that WTO's client's interference caused the loss of a $2 million investment when it prevented the sale of a shopping center before the real estate market crashed. WTO was retained in the last months before trial, and despite rulings made before WTO's engagement that the basis for interfering lacked merit as a matter of law, following trial, the court ruled for WTO's client on all issues of liability, causation, and damages.
• Represented a real estate developer and obtained a $4.8 million judgment against the title insurance company after a seven-day bench trial in a bad faith breach of title insurance action.
• Represented a property owner in the appeal of a quiet title action before the Colorado Court of Appeals.
• Represented a major railroad company in connection with numerous right of way disputes, including quiet title and condemnation actions.
• Obtained a defense verdict for ARCO/Thunder Basin Coal Company in an antitrust case involving real estate development incident to a client's coal mining operations in Campbell County, Wyoming.