- Represented an affordable housing developer in a Year 15 dispute involving a disagreement as to valuation of the investor partner’s interest in connection with the developer’s exercise of its option to purchase the investor partner’s interest. Demonstrated on summary judgment that the developer’s valuation, including its interpretation of the deduction of certain fees from the buy-out price, was correct and that the buy-out price was therefore much lower than the investor limited partner had demanded.
- Represented a non-profit affordable housing developer in a Year 15 exit dispute with an investor limited partner that arose when the limited partner refused to allow our client to exercise its statutory non-profit right of first refusal (“ROFR”) to purchase its partner’s interest because the contract inadvertently granted the ROFR to a for-profit affiliate. Demonstrated on summary judgment that the original contract, drafted twenty years prior, contained a mutual mistake, which led to the court’s ultimate decision to reform the contract to allow the non-profit to exercise its ROFR and continue to operate the senior home.
- Represented an affordable housing developer involved in a complicated Year 15 exit dispute involving an affordable housing project. The dispute arose after the investor limited partner unreasonably withheld consent to refinance project debt in an effort to force the general partner to agree to a cash-out refinance that would have paid well over $1 million to the investor limited partner but left the project with unnecessary debt and would have prevented the general partner from making critically-needed capital improvements. Successfully obtained an injunction and court order that allowed our client to refinance the project debt without the investor limited partner’s consent on the terms proposed by our client, which the court found were in the partnership’s best interest, and prohibited the investor limited partner from involuntarily removing our client from the partnership.
- Represented a large, national affordable housing developer, in a Year 15 exit dispute involving an investor limited partner’s refusal to consent to a refinance of project debt. The refinance was needed to avoid the partnership’s default on its long-term debt financing obligations that were scheduled to mature, but the investor limited partner was refusing consent for the refinance unless the general partner agreed to buy-out its interests at an inflated price. Successfully obtained a summary judgment order finding that the investor limited partner had unreasonably and unlawfully withheld consent to refinance as a means to obtain rights that it otherwise did not have (i.e., a forced buy-out of its interests).
Every client, every business, every case is different, and the same approach is not right for every matter. I strive to find the best approach for the unique issues of each case so that I can provide the greatest value to my clients. Litigation may be adversarial, but it does not have to be a zero-sum game; there is often a business solution and I work to be creative and achieve the best outcomes for my clients. To me, “winning” means finding the most efficient solution. I am committed to my clients and am invested in solving problems and getting them back to their business.
I focus my practice on real estate litigation and construction law. A large portion of my real estate litigation practice involves resolving the unique issues that can arise in connection with low-income housing tax credit (“LIHTC”) developments, including Year 15 disputes. Over the past decade, due to changes in the investor industry, economic conditions, and the legal environment, disputes between LIHTC partners near the end of the 15-year tax credit compliance period relating to investor exits have become unfortunately commonplace. These disputes often include efforts to remove general partners, interference with purchase options or rights of first refusal, and attempts to force sales or buy-outs for more than the amount to which the investor is contractually entitled. I have represented a number of developers and general partners in these disputes, successfully protecting their contractual rights and preserving affordable housing for the future. In addition, my real estate practice also includes lease disputes, contract enforcement, and quiet title actions.
In my construction law practice, I represent owners, developers, and contractors, with a particular focus on the affordable housing industry. I handle contract disputes, construction defect and warranty matters, subcontractor defaults, employment-related issues, mechanic’s liens, and insurance coverage disputes. In addition, I review and counsel my clients on their various contracts, including residential and commercial construction contracts, as well as other aspects of their business, including subcontractor relations.
My litigation experience also includes shareholder and limited partner disputes, receiverships, banking and securities law litigation, and general commercial contract matters. I have worked with a variety of industries, including construction, affordable housing, banking, and energy, among others. In addition to my litigation practice, I volunteer with the Volunteer Lawyers’ Network’s Housing Court Clinic, assisting pro bono clients with landlord-tenant, rest escrow, and eviction issues.
Advancing and supporting women in the legal profession is very important to me, and I work within the firm to train and mentor junior lawyers and actively participate in our women’s group. I also co-chair the firm’s Lateral Integration Committee and serve on the firm’s Attorney Professional Development Committee. Outside the firm, I serve as Vice President on the Board of the Minnesota Women’s Affordable Housing Network.
When I’m not working, I enjoy spending time with my husband and two kids, getting outdoors, hiking and enjoying nature. I also love to bake and when I can’t get outside, I am usually baking something delicious.
Honors & Awards
The Best Lawyers in America©
Litigation – Real Estate, 2023-2024
Commercial Litigation, 2024
Minnesota Super Lawyers®
Up & Coming Attorney
Minnesota Lawyer, 2016
Minnesota Super Lawyers®, 2017
Real Estate Lawyer of the Year
Minnesota RE Journal, 2023
Associations & Memberships
Women's Affordable Housing Network
Minnesota Chapter of Women’s Affordable Housing Network
Board Member & Founding Member