John T. Farnum

Commercial and Real Estate Litigation:

• Represent owner of property adjacent to Ashburn Metro Station in (i) appeal filed by adjoining landowner in Loudoun County Circuit Court in dispute over Board of Appeals (BZA) ruled related to proffered road networks through the adjoining parcels, (ii) matters pending before the Loudoun County BZA and (iii) ongoing litigation between adjoining landowners over a proffer allocation and corporation agreement pending on Loudoun County Circuit Court.
• Represented property owner in Loudoun County Circuit Court in complete victory in lengthy dispute over title of real property in Sterling, Virginia.
• Obtained summary judgment dismissing a lien priority action filed against a commercial real estate developer in Fairfax County Circuit Court.
• Obtained summary judgment dismissing breach of contract, fraud and consumer fraud claims against a real estate developer in Arlington County Circuit Court.
• Counsel to multiple developers in condemnation proceedings in Fairfax County Circuit Court over construction related to I-66 Eastbound Widening Project and Route 7 Corridor Improvements.
• Represented shopping center owner-operator in a dispute with a minority owner over a third-party acquisition in Eastern District of Virginia.
• Represented an owner-operated property management company in a partnership dispute with a minority partner over partner distributions in Eastern District of Virginia.
• Obtained summary judgment in Eastern District of Virginia in favor of commercial landlord against former tenant alleging landlord failed to mitigate damages.
• Represented a commercial condominium association over a property use dispute with an association member in Alexandria, Virginia.
• Counsel to data center owner, operator and developer concerning several projects in Loudoun County with respect to numerous right-of-way and easement agreements.
• Counsel to quasi-governmental entity in Alexandria in obtaining multiple right-of-way and easement agreements necessary to permit construction of major infrastructure project.
• Represented a real estate developer in post-closing litigation filed by the former owner of a major resort marina on the upper Chesapeake Bay.
• Represented a build-to-suit retail developer in a construction defect suit with the contractor in Frederick County Circuit Court.
• Represented the owner of a concert venue in a breach of operating agreement dispute with an operator in Howard County Circuit Court.
• Represented a major grocery store owner in a breach of contract dispute with a property owner over shopping center tenant mix in Montgomery County Circuit Court.
• Receiver for property management company in the Circuit Court for the City of Lynchburg.

Creditors' Rights & Bankruptcy:

• Represented the chair of the Official Committee of Unsecured Creditors in the Chapter 11 case of a former airline and disgraced music promoter related to a long-running fraud scheme.
• Represented borrowers, including a national franchisee, real estate developers, a health care company, and a broadcasting network in loan restructures and out-of-court workouts.
• Represented a court-appointed receiver in various commercial, industrial and residential properties, including a multifamily development in Washington, D.C. undertaking significant physical and operational rehabilitation .
• Represented the Official Committee of Unsecured Creditors of a Washington, D.C. health care facility.
• Represented the Official Committee of Unsecured Creditors of one of the largest real estate mortgage fraud and Ponzi scheme cases in the Washington, D.C. metropolitan region.
• Served as substitute trustee in numerous matters, including the foreclosure of a sprawling farm with complex title issues proposed for residential development and a large estate property on the Chesapeake Bay.
• Represented the landlord and largest unsecured creditor of a restaurant group in the mid-Atlantic region.
• Represented a Chapter 7 trustee in the Eastern District of Virginia.
• Represented a debtor in the Chapter 11 bankruptcy of a national franchisee.
• Represented an indenture trustee in a continuing care retirement community Chapter 11 in Virginia.

Real Estate, Finance, Corporate & Lending Transactions:

• Provide “outside general counsel” services to various privately held real estate firms.
• Served as counsel to a private equity fund in acquisition of a $10 million multifamily property in Georgia.
• Represented a private real estate owner in the $55 million refinancing of a mixed-use (multifamily and retail) property in Maryland.
• Represented a real estate owner in the $30 million financing of a multifamily project in Maryland.
• Represented a real estate developer in connection with the purchase of a $45 million note and subsequent acquisition and redevelopment of a distressed commercial real estate project.
• Represented a private equity fund in the acquisition of a $38 million multifamily property in Florida.
• Represented the senior lender and equity investor in a multiphase townhome/retirement community development in Maryland.
• Represented a private developer in connection with the purchase of note and subsequent acquisition of office building in Maryland.