Jim Zupancic, Esq., CRE, Shareholder

Jim Zupancic focuses on real estate, land use, development, eminent domain, workouts and recapitalizations, real estate finance, ADR and litigation, construction defect and lien claims, administrative law, government relations, corporate and business transactions and acquisitions and mergers. Jim has substantial experience as lead counsel on complex real estate and business transactions, as well as experience as lead trial attorney on notable litigation, arbitration and mediation cases. He has successfully led multi-disciplinary teams of consultants on major projects, utilizing over 30 years of leadership and executive management experience. He is licensed to practice before state and federal courts in Oregon and California.

Professional Recognition

Highest "AV" rating – Martindale Hubbell Attorney Rating Service (since 1996)

"Super Lawyer" recognition by attorney peers and Super Lawyer Magazine (2006)

Named as one of the "Best Lawyers in America" in Real Estate Law (2013)

Speaker, author and quoted expert on real estate and land use issues.

Practice Highlights

Real Estate

$1.25 Billion Corporate Park Facility – Represented major Japanese corporation in the siting and acquisition of property for construction of equipment manufacturing and assembly plant. Acted as project leader for structuring and negotiation of tax incentives, construction contracts, environmental review, permit applications, energy conservation measures and overall development and coordination.

$500 Million Manufacturing Facility – Aggregated seven separate parcels to create corporate campus for multi-national corporation, requiring development of new turn-key manufacturing facility for displaced manufacturing company to accommodate Section 1031 tax-free exchange. Aggregation of developable land was one of the most complex in Oregon for high tech manufacture and included negotiation of tax incentives and other government assistance.

$20 Million Test Equipment Manufacturing Facility – Lead development team for siting, acquisition and development of manufacturing facility in new industrial park located in semi-rural location. Negotiated contracts, directed entity formation and oversaw due diligence in connection with strategic planning effort culminating in opening of successful and sustainable operating facility. Retained by same client to organize major expansion resulting in increasing capacity more than 100%.

$18.5 Million Private Wellness, Fitness, Tennis & Aquatics Club – lead owner and developer of private facility focused on providing family-oriented programs and activities centered on promoting health and wellness. Responsible for all aspects of development including financial, legal, marketing, operations, programming, construction, government and community relations and structure of management team. Creatively organized delays IRC section 1031 exchange to assist in capital formation and negotiated all secured and unsecured credit facilities.

Land Use

Property Rights – Represented landowners on numerous Measure 37 and Measure 49 claims, including successfully obtaining vested rights determinations from administrative tribunals and courts throughout Oregon. Obtained development rights for clients to pursue major subdivisions and represented claimants before Oregon Court of Appeals and Oregon Supreme Court. Obtained development rights for scores of Oregon landowners via Measure 49, including complex appraisal requirements.

Condominium Conversions – Managed one of the area’s first residential condominium conversions resulting in successful 54-unit complex located in Lake Oswego, Oregon. Designed legal structure and strategic model for condominium creation and redevelopment of units. Responsibilities included legal architecture, financial modeling, negotiation of refinancing package and marketing plan.

Major Health & Fitness Facility – Obtained all entitlements and permits for development of major recreational development, including permits from U.S. Army Corps of Engineers, Oregon Department of State Lands and Clean Water Services for wetland mitigation project. Led development team of consultants to design LEEDฎ- certified green building facilities, including incorporation of numerous energy conservations measures.

Adverse Possession – Successfully defended landowner against claim by neighbor to title of land between parcels and obtained judgment for client for trespass and attorney’s fees.

Federal Courthouse – Under threat of condemnation by the federal government, navigated through disposition of large urban massing of parcels for development of Federal Courthouse. Negotiated with multiple layers of U.S. government including General Services Administration and U.S. District Court representatives

Jury Verdicts and Settlements – Multiple jury verdicts and settlements for landowners resulting in substantially increased compensation under the Takings Clause of the U.S. Constitution. Recovery results vary, but resolutions ranged from 150% to 500% increase above initial government offer for just compensation.

Negotiations and Advocacy – Represented landowners in negotiations with local, state and federal government to achieve just compensation measure for taking. Work with experienced appraisers and consultants for empirical analysis and supporting evidence.

Work-Outs and Litigation

$14 Million Savings – Represented Top 50 U.S. banking institution in arbitration, litigation and negotiations to obtain deeds-in-lieu of foreclosure and settlements of multiple construction lien claims. Established receivership and saved bank millions of dollars in losses by prompt strategic action to avoid debtor bankruptcy.

Major Subdivision - Renegotiated leasehold estates in connection with foreclosure of resort-location improvements to allow resale of improved lots. Reorganized debt and reconstructed contractual relationships to create win/win solution for lender and master lessor.

Construction Lien Disputes – Represented major lender to consolidate and settle series of construction liens on incomplete development. Litigated contested liens and negotiated others saving lender hundreds of thousands of dollars in value of real estate owned portfolio.

Dispute Resolution – Intellectual Property: Multimillion dollar dispute between major research university and pharmaceutical giant resulting in university retention of invention rights and recovery of substantial royalty. Arbitrated complex issues on behalf of university and negotiated multi-level settlement.

Construction Defects – Successfully defended professional engineers in multiple claims for design defects. Obtained dismissals and/or findings of no liability and exoneration of professionals from potential of more than $10 million in alleged damages. Successfully represented plaintiffs in construction and related products liability cases resulting in six-figure settlements.

Appeals – Prevailed on Writ of Review appeal of administrative decisions granting approval of subdivisions. Preservation of constitutional rights or intervenors to develop property in accordance with approved plans.

Business and Corporate Formations and Transactions

Technology Transfers – Cross-licensing technology transfers between Japanese and U.S. manufacturers allowing for state-of-the-art product enhancements and expansion of product lines for international distribution.

Acquisitions/Dispositions – Represented leading multi-state provider of commercial laundry services in asset sale to purchaser, including earn-out bonus to seller.

International Distribution – Structured agreements for establishment of international distribution channel of authorized dealers and representatives for leading manufacturer of aircraft ground support equipment.

Sustainable Manufacturing – Crafted international registry relationships between global manufacturers of electronics equipment and central registry to conform to IEEE 1680.1 Standards and assure sustainable standards and verification processes.

Admitted By:

• Oregon Supreme Court
• California Supreme Court
• Washington State Supreme Court
• U.S. District Court - Oregon
• U.S. District Court - N.D. California
• U.S. Ninth Circuit Court of Appeals

Education:

• Juris Doctor, University of the Pacific, McGeorge School of Law
• B.S., Business Management (Finance), Brigham Young University

Community Service:

• Rotary Club of Lake Oswego
• Former Chair, Lake Oswego School Board
• Former Vice-Chair, Lake Oswego School District Foundation
• Chairman, Oregon Job Creation Task Force
• Nominee, Fifth Congressional District, U.S. House of Representatives
• Youth Coach, leader and mentor
• Church lay leader

Professional Affiliations:

• Counselors of Real Estate
• Oregon State Bar Association
• California State Bar Association

Contact

Jim@ZupGroup.com
503-941-9623 direct
503-277-9906 cell
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