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partnership<br />

at a glance<br />

Newland Communities<br />

Headquartered in San Diego,<br />

Newland Communities is a privately<br />

owned <strong>com</strong>pany that creates residential<br />

and urban mixed-use <strong>com</strong>munities<br />

from coast to coast. With expertise in<br />

creating a special sense <strong>of</strong> <strong>com</strong>munity,<br />

Newland brings to life <strong>the</strong> unique<br />

history, culture and traditions <strong>of</strong> <strong>the</strong><br />

land <strong>the</strong>y develop. Newland believes<br />

it is <strong>the</strong>ir responsibility to create<br />

enduring, healthier <strong>com</strong>munities so<br />

people may live life in ways that<br />

matter most to <strong>the</strong>m. Newland<br />

currently has nearly 40 <strong>com</strong>munities<br />

under way in 14 states.<br />

Martha Guy is Newland<br />

Communities’ senior vice president<br />

and general counsel. She joined <strong>the</strong><br />

<strong>com</strong>pany in 2001 and is responsible<br />

for all corporate and project level<br />

legal matters. Martha came to<br />

Newland from TrizecHahn<br />

Development Corporation, where<br />

she served as senior corporate<br />

counsel. She can be reached at<br />

MGuy@newland<strong>com</strong>munities.<strong>com</strong>.<br />

Sharon Koplan is <strong>the</strong> regional<br />

general counsel for <strong>the</strong> Sou<strong>the</strong>ast<br />

and mid-Atlantic regions <strong>of</strong> Newland<br />

Communities. She works closely with<br />

<strong>the</strong> local business teams on project<br />

legal matters, including acquisitions,<br />

sales and operational issues. Sharon<br />

came to Newland in 2004 from <strong>the</strong><br />

Dallas <strong>of</strong>fice <strong>of</strong> Gibson, Dunn &<br />

Crutcher LLP. She can be reached at<br />

SKoplan@newland<strong>com</strong>munities.<strong>com</strong>.<br />

Don Whyte has more than 30 years’<br />

experience in creating <strong>com</strong>munities<br />

in Canada and <strong>the</strong> United States,<br />

including major amenity-oriented<br />

master-planned <strong>com</strong>munities in<br />

Florida, Colorado and Alberta. He is<br />

currently responsible for all Newland<br />

operations in <strong>the</strong> Sou<strong>the</strong>ast region<br />

<strong>of</strong> <strong>the</strong> United States, including<br />

Florida and Georgia. Don joined<br />

Newland Communities in 2001, after<br />

it acquired Genstar Land Company<br />

(USA). He can be reached at<br />

DWhyte@newland<strong>com</strong>munities.<strong>com</strong>.<br />

Environmental concerns abound, and <strong>the</strong><br />

Bexley project is no exception. The project’s<br />

two-day envisioning, held in nearby Tampa<br />

in 2002, included celebrity zookeeper<br />

“Jungle Jack” Hanna, who’s appeared on<br />

“Rhea may look at a proposed<br />

road or access way early on<br />

and say, ‘There’s no way <strong>the</strong><br />

county will allow that, but<br />

you could ac<strong>com</strong>plish <strong>the</strong><br />

same thing by doing it <strong>this</strong><br />

way instead.’”<br />

numerous regional and national television<br />

outlets, including “Good Morning America.”<br />

“He brought snakes, eagles and o<strong>the</strong>r wildlife,<br />

everything you find on <strong>the</strong> property,” Law<br />

explains. “Newland brought him in because<br />

<strong>the</strong>y wanted all <strong>of</strong> us to understand <strong>the</strong> site’s<br />

environmental resources and what needed to<br />

be protected.”<br />

Dual-Purpose Guest<br />

Including Law in <strong>the</strong> ga<strong>the</strong>ring served a<br />

dual purpose. First, her participation<br />

helped identify (and when necessary rectify)<br />

potential legal snags early in <strong>the</strong> design<br />

process. “Rhea may look at a proposed road<br />

or access way early on and say, ‘There’s no<br />

way <strong>the</strong> county will allow that, but you<br />

could ac<strong>com</strong>plish <strong>the</strong> same thing by doing it<br />

<strong>this</strong> way instead,’” Whyte explains.<br />

More important, <strong>the</strong> sessions give Law a<br />

thorough understanding <strong>of</strong> <strong>the</strong> project, one<br />

she would need to develop and submit what’s<br />

known as an Application for Development<br />

Approval <strong>of</strong> a Development <strong>of</strong> Regional<br />

Impact (DRI)—essentially a due diligence<br />

report prepared for an array <strong>of</strong> state and<br />

federal regulators on Newland’s behalf. The<br />

DRI must be approved by each regulatory<br />

body before <strong>the</strong> project can move forward.<br />

“It’s Rhea’s responsibility to help us work<br />

our way through <strong>the</strong> regulatory maze so that<br />

we end up with <strong>the</strong> same development we<br />

originally envisioned,” Whyte says. “She’s an<br />

important part <strong>of</strong> <strong>the</strong> envisioning, because<br />

she’s <strong>the</strong> one who’s going to deliver our<br />

vision to <strong>the</strong> regulators.”<br />

Meeting Regulatory Demands<br />

An application is required for any project<br />

that’s beyond <strong>the</strong> statutory scope <strong>of</strong> a<br />

particular county or region. In <strong>the</strong> case <strong>of</strong><br />

Bexley, Pasco County requires a DRI study<br />

for any project over 2,000 units in size.<br />

It took Law and her team three years to<br />

ga<strong>the</strong>r and distribute <strong>the</strong> information.<br />

The study consists <strong>of</strong> multiple, highly<br />

detailed analyses. For example, one analysis<br />

evaluated <strong>the</strong> site’s wetlands and outlined<br />

22 www.martindale.<strong>com</strong>

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