Douglas W. Poland
Doug Poland’s practice covers a comprehensive range of complex commercial and residential real estate matters with a particular emphasis on retail and office properties as well as general business law. Doug believes that effectively serving clients requires a high quality work product, constant communication, responsiveness, and a sense of urgency that equals or exceeds that of his clients. Doug works proactively to keep other parties engaged to push projects to completion, always striving to deliver value that equals or exceeds the expectations of his clients and the cost of his services. Doug successfully represents national, regional and local developers, financial institutions, private businesses and individuals in all aspects of real estate law as well as general business law and business acquisitions. Please see the Representative Transactions below for examples of matters handled by Doug on a regular basis.
Areas of Practice:
- Real Estate Acquisitions and Sales
- Business Acquisitions
- Entity Formation and Structure
- Commercial and Residential Real Estate Development
- Refinancing and Debt Restructuring
- Real Estate Valuation
- Listing Agreements
- Property Tax Appeals
- Property Tax Exemptions
- Debt Acquisition
- Deed in Lieu of Foreclosure Transactions
- Guarantor Negotiations
- Purchase Options
- Zoning and Land Use Planning
- Exclusive Use Restrictions and other Non-Competition Agreements and Land Use Restrictions
- Brownfield Incentives
- Historic Incentives
- Construction Contracts
- Construction Liens
- Environmental Law
- Environmental Site Assessments and Due Diligence
- Contract Zoning
- Planned Unit Developments (PUD’s)
- Site Plan Approvals
- Zoning Variances
- Act 425 Agreements – Intergovernmental Conditional Transfer of Property
- Leasing – Landlord Representation
- Leasing – Tenant Representation
- Landlord/Tenant Law
- Conservation Easements
- Title and Survey Review
- Title Insurance Endorsements
- Title Insurance Claims
- Easements and Reciprocal Easement Agreements
- Common Wall Agreements
- Private Road Agreements
- 1031 Like Kind Exchanges – Deferred and Reverse
The following is a list of some of the more recent matters that Mr. Poland has handled. In most instances, Mr. Poland acted as the attorney with sole responsibility for managing the client representation, developing strategy and performing the work. In all other instances, Mr. Poland played a significant role in providing the key services as well as the overall management of the client representation.
Real Estate Development
- Represented real estate developer on in connection with a $350 Million mixed use project involving approximately 600,000 square feet of planned retail, residential and office space. Development spans two municipalities, and involves an Act 425 Conditional Transfer of Jurisdiction Agreement between the municipalities that creates a third jurisdictional area within the development governed by a Joint Development Council. Development involves $68 Million of tax increment financing, multiple levels of condominiums, road vacation and abandonment matters, approximately 21 miscellaneous variances, a mixture of public and private roads, an electrical substation, various easement and other agreements with adjoining land owners. Representation included multiple presentations before various City, Township and Joint Development Council bodies, as well as MDOT officials in connection with site plan approvals, variances and various other approvals.
- Represented purchaser of $19 Million of undeveloped Lake Michigan frontage property.
- Represented purchaser of $2 Million stand alone retail building with national restaurant tenant.
- Represented developer in connection with development of multi-unit business condominium development and sale of units.
- Represented developer in connection with development of multi-unit, townhome style urban condominium project and sale of units.
- Represented purchaser in acquisition of 80 acres of land for development of sports complex.
- Represented developer in connection with acquisition of land in Missouri for development of retail center and negotiation of leases with tenants
- Represented retail developer in connection with acquisition of 20+ residential lots as part of a property assemblage for a shopping center and outparcels. Transaction included vacation of platted street and the revision of two neighboring plats through a circuit court lawsuit.
- Represented developer in various aspects of site acquisition for a retail development including matters related to relocation of affected businesses.
Real Estate Financing and Commercial Loans
- Represented various local, Midwestern and national banks as well as various borrowers in loans to real estate investors and real estate developers for properties and projects across the State of Michigan including residential developments, shopping center developments, office buildings and industrial properties.
- Represented purchaser of over $9 Million of commercial loans secured by retail properties. Negotiated settlements with guarantors. Prepared matter for post closing foreclosure of mortgages. Negotiated deeds in lieu of foreclosure with borrowers.
- Represented buyer in acquisition of approximately $4 Million bank loan secured by mobile home park.
- Served as Michigan counsel to Borrower in connection with $435 Million commercial real estate loan transaction.
- Represented bank in acquisition of participation interest in $6 Million real estate loan transaction.
- Represented various banks in conducting loan reviews for commercial loan files ranging in amounts from $150,000 to $5 Million.
- Represented borrowers in negotiation of multiple operating lines of credit.
Acquisitions & Sales
- Served as Michigan real estate counsel to publicly traded corporation in acquisition of $210 Million plant and associated property interests across approximately 10 different municipalities.
- Represented restaurant franchisee in acquisition of 20 operating restaurants in Florida.
- Represented restaurant franchisee in acquisition of 6 operating restaurants in Florida.
- Represented restaurant franchisee in acquisition of 8 operating restaurants in Georgia.
- Represented franchisee in acquisition of site for development of restaurant in Florida.
- Represented national developer in sale of shopping center in suburban Detroit.
- Represented buyer of $4 Million fitness facility and negotiation of lease with operator.
- Represented purchaser of $1.2 Million stand alone commercial building with child care franchisee tenant.
- Represented seller in sale of 1,400 acre tree farm involving multiple parcels in multiple municipalities.
- Represented land owner in sale of $2 Million site for mixed use development.
- Represented multiple retail developers in negotiation of leases with national tenants such as AT&T, Verizon Wireless, Jonathan Stevens Mattress Company, CitiFinancial, Biggby, and Cost Plus.
- Represented various retail operators and franchisees in negotiation of retail leases in multitenant shopping centers throughout Michigan.
- Represented pizza franchisee in negotiation of multiple leases in Oklahoma.
- Represented quick service restaurant franchisee in negotiation of multiple leases in Florida and Georgia.
- Represented multiple office building owners in negotiation of leases with various local and national tenants.
- Represented health care organization in negotiation of lease as tenant in multi-tenant medical office building.
- Represented Midwestern banking corporation in leasing space to multiple office tenants.
- Represented mobile home park owner in appeal of real estate tax assessments for three mobile home parks.
- Represented non-profit organization in appeal of classification of property as taxable real estate
- Successfully assisted outside bankruptcy counsel for purposes of lowering tax assessment under Section 505 of the Bankruptcy Code.
- Represented multiple restaurant operators in acquisitions of Class C liquor licenses.
- Identified, and negotiated purchase of, escrowed Class C liquor license for a purchase price more than 40% below prevailing fair market value.
- Represented restaurant operator in transfer of multiple liquor licenses
- Represented subcontractor in complex transaction with developer of mixed use development to restructure ownership and marketing of project in lieu of foreclosing on construction lien.
- Represent national agriculture company in semi-annual 1031 like kind exchanges involving sale of farming equipment (personal property) at auction and purchase of replacement property.
- Represented research facility in preparation of license for use of research space by guest researchers.
- Wayne State University Law School, Detroit, Michigan, 1994
Honors: Cum Laude
Honors: Order of the Coif
- Michigan State University, B.S., 1991
Major: Computer Science
Professional Associations and Memberships:
- American Bar Association
- State Bar of Michigan
- Grand Rapids Bar Association
- Real Property Law Section - Grand Rapids Bar Association
Executive Committee Member
- International Council of Shopping Centers (ICSC)
- ICSC West Michigan Alliance Program