Mr. Preston’s real estate practice includes the representation of clients in a broad range of transactions, including the acquisition, development, disposition, and leasing of real property, with an emphasis on hotels. He has experience in negotiating and drafting complex legal documents, such as purchase and sale agreements, leases, easements, restrictive covenants and condominium declarations. In additional to transactional work, Mr. Preston assists clients in connection with various legal disputes, including the interpretation and enforcement of subdivision indentures, complex title disputes, landlord/tenant disputes, and regulatory takings. He also has experience in representing clients in connection with various land-use issues, such as zoning amendments and appeals, subdivision and platting matters, conditional use permits and variances.
Mr. Preston’s practice also includes the representation of solid waste companies in connection with the acquisition, development and licensing of municipal solid waste landfills and transfer stations. He regularly drafts and negotiates service agreements and counsels clients in connection with environmental and operational issues.
Representative transactions include:
- Represented the developer of a large-scale commercial shopping center in connection with the leasing of retail space and the sale of out lots to national tenants.
- Assisted a national real estate investment company in acquiring hotel properties in various states.
- Represented a real estate holding company in selling a portfolio of low-income housing developments in Missouri and Iowa.
- Assisted clients in selling limited service hotels in various states.
- Represented a real estate developer in connection with the sale of a $30 million hotel and conference center involving new market and historic rehabilitation tax credits.
- Drafted and negotiated leases on behalf of landlords and local tenants.
- Represented a publicly traded solid waste company in connection with the acquisition, licensing and expansion of solid waste landfills and transfer stations in various states, including Texas, North Carolina, South Carolina, Kansas and New York.
- Assisted a regional solid waste hauling company in connection with the negotiation of service agreements with municipal governments and independent subcontractors.
- Advised a local solid waste disposal company in connection with environmental, regulatory and operational issues, including issues involving a decomposition gas-electricity facility.
- Represented a real estate developer in a zoning dispute (including administrative appeals and litigation) with a municipal government.
- Drafted a cross-access and parking easements on behalf of the owner of shopping center.
- Assisted a real estate developer in the sale of an open air shopping center in Ohio.
- Represented various subdivision and condominium associations (residential and commercial) in amending and enforcing indentures, including amendment and enforcement of architectural control covenants.
- Primary draftsman of a successful amicus brief in support of a subcontractor’s claim under Missouri’s “Little Miller Act” (and mechanic’s lien laws) against a project owned by a public utility.
- Prepared declarations, covenants, restrictions and related documentation for residential, commercial, and condominium projects.
- Assisted the owner of commercial shopping center in re-platting the development.
- Represented the seller in the sale of a ski resort in Illinois.
- Assisted the developer in connection with a condominium conversion in midtown St. Louis.