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Real Property Planning & Zoning

Minutes of Annual Business Meeting & Program
of the Section of Real Property, Planning and Zoning
(Friday, June 17, 2005)

The Section of Real Property, Planning and Zoning held its Annual Business Meeting and Program on June 17, 2005, in Ocean City, Maryland, in conjunction with the Maryland State Bar’s Annual Meeting.

All attendees enjoyed breakfast with friends and colleagues. Following breakfast, David M. Kochanski, then Chair, ran the Business Meeting. Among other items, he announced the formation of the new Foreclosure Committee, and presented the slate of Officers and Members of the Section, which slate was seconded and approved. The 2005 – 2006 Section Council Officers and Members are:

Chair - Thomas C. Barbuti
Vice-Chair - Tracey E. Skinner
Secretary - Michael S. Swanenberg

Chair, Code Revision Committee - Theresa Burian Shea
Chair, Commercial Real Estate Attorneys’ Discussion Group - Edward Urban Lee III

Members-At-Large of the Section Council for a two-year term ending June 2007:

Sara H. Arthur – Anne Arundel County
Ronald S. Deutsch – Baltimore County
Guy E. Flynn – Baltimore City
H. Mark Rabin – Montgomery County
Barry Weiskopf – Baltimore City
Jack N. Zemil – Baltimore City

Members-At-Large serving for the remainder of a two-year term ending June 2006:

Michelle R. Curtis – Montgomery County
Nicole M. Lacoste – Baltimore City (completing Mr. Swanenberg’s unexpired term)
Michelle DiDonato – Howard County
Nancy Haas – Baltimore City
Hilary O’Connor – Baltimore City
J. Paul Rieger – Baltimore City (completing Ms. Shea’s unexpired term)

David M. Kochanski, Immediate Past Chair
Raymond G. Truitt, Penultimate Past Chair

At the Business Meeting, Morton P. Fisher, Jr. received the Section’s Distinguished Practitioner Award. When presenting the award to Mr. Fisher, Mr. Barbuti commented that “Morty Fisher put Maryland on the National Map with his expertise in real estate law.” Mr. Barbuti continued saying, “out-of-state real estate clients come to Ballard Spahr because of Morty.” In addition to his national acclaim, Mr. Barbuti highlighted Mr. Fisher’s mentoring of Maryland attorneys.

At the end of the Business Meeting, Mr. Barbuti thanked all Section members and noted that our Section and its members have garnered national recognition, especially as a collegial group of practitioners. Further, he said that he was looking forward to his term as the Section’s Chair and to expanding membership among young lawyers. Also, he plans to establish more substantive committees, so to involve more Section members. He would like to see the following committees formed: Land Use, Condominium and HOA, and Mediation. He also welcomed members to suggest other committees.

After the Business Meeting, Mr. Kochanski and Mr. Barbuti moderated the panel of speakers who presented the meeting’s substantive program, “The Latest Reality In Real Estate: From TICs & 1031s To Swaps.” The program and related materials provided practical information on recent developments in structuring sales of real estate and in structuring loans for purchases or refinancing existing loans. Wayne B. Heicklen, Esq., of Pryor Cashman Sherman & Flynn LLP, provided insight on how tenant-in-common ownerships (TICs) and 1031 Exchanges are being used in tandem to avoid the high capital gains tax that may result when selling real estate holdings. He commented that the Baltimore-Washington Corridor is a “hot” market for TIC transactions.

Dennis L. Stough, Sr. Vice President of SunTrust Bank, led the discussion regarding different loan products such as Swaps and Mezzanine financing. Complementing this topic, Randall L. Scott, of First American Title Insurance Company, discussed title insurance requirements and potential issues relating to mezzanine financing and UCC endorsements.

J. Paul Rieger, Esq., of Commonwealth Land Title Insurance Company, closed the program with a presentation on the newly enacted legislation in Maryland affecting the real estate industry.

MSBA : Sections & Committees : Real Property