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partnership
at a glance
measures Newland would take to preserve
and/or enhance them. A wildlife analysis
assessed whether any endangered species
populate the site, while another assessed
the potential for archeological issues—in
this case the limited chance of uncovering
Native American tribal remains. Once
completed, agencies then review, comment
and, if necessary, request additional
information.
“With Bexley, we ended up with three,
3-inch binders of documentation and
analyses. We worked closely with 19
agencies, especially the Tampa Bay Regional
Planning Council, the Florida Department
of Transportation and Department of
Environmental Protection (DEP), and the
U.S. Army Corps of Engineers,” Law
explains. “Usually the reviewing agencies
engage in several rounds of additional
information requests.”
The objective, Law says, is to resolve issues
as quickly as possible and keep the project
moving forward. That, of course, is where
the envisioning process really pays off. If,
“You have to walk the
property and examine the
aerials. If we had not been
there during the envisioning,
we might not understand an
agency’s concerns.”
the importance of including us from the
outset. We’re an integral part of the team.”
Long-Range Success
With the DRI study and other regulatory
approvals completed in 2006, the Bexley
project is now officially under way. Soon
it will join nine other communities Newland
has developed in Florida—including
FishHawk Ranch, which recently received
the Best in American Living Award from
Professional Builder magazine and the
National Association of Home Builders,
essentially the Oscars of the home-building
industry.
As Newland’s statewide counsel for Florida,
Law and Fowler White have played a key
role in all of them, as well as many others in
the Southeast region.
“We consider Rhea to be the premier
attorney for government entitlement work
in Florida,” Guy says. “We operate in
Fowler White Boggs Banker
Fowler White’s Government,
Environmental and Land Use
Department is devoted to land
use, environmental permitting
Newland
and real
Communities
estate transactional
Headquartered matters, including San Diego, permitting Newland of
Communities Developments has been of Regional creatingImpact,
desirable, Sector livable Plans, comprehensive communities across plansthe
nation and for zonings, nearly representation four decades. Its before
communities local government are consistently and regulatory listed
among bodies, the top real 20 estate selling acquisitions, in the nation.
The loans, company leases is currently and litigation. developing The
communities group represents across the a variety country, of
including developers sites in and Colorado, land owners. Florida,
Georgia, North Carolina, South Carolina,
Texas, Nevada, Arizona, California,
Oregon, As president Washington, and CEO Minnesota of Fowler and
Maryland. White Boggs Banker, Rhea F. Law
is also a member of the firm’s
Government, Environmental and
Martha Land Guy Use is Practice Newland Group. Communities’ She has
experience senior in land vice president acquisition, and
permitting, general counsel. environmental She
representation joined the company and land in
use 2001 and and zoning is responsible matters,
with for all a corporate specific emphasis and
on project commercial/industrial/
level legal
residential matters. Martha Developments came to
of Newland Regional from Impact, TrizecHahn
and Development serves as general
counsel for Community
Development Districts.
Rhea is Peer Review
Rated and can be reached
at rlaw@fowlerwhite.com.
for example, the DEP voices a concern over
the project’s impact on a particular wetland
area, Law is able to sit down and explain in
detail that portion of the project.
“I always advise new lawyers to never take
on a project they have not personally seen,”
Law says. “You have to walk the property
and examine the aerials. If we had not been
there during the envisioning, we might
not understand an agency’s concerns. The
personal experiences on the site allowed
us to convey to them exactly what we’re
planning to do. That’s why working with
Newland is so wonderful—they understand
seven regions encompassing 14 states.
These are long-term, complex projects; the
development process ranges from land
acquisition to financing to entitlements to
disposition and turnover of the community.
We rely on outside counsel like Rhea to
walk with us hand in hand throughout the
entire process.”
Though it will take decades to complete,
Law says seeing a project like Bexley
through is indeed rewarding. “These are
obviously long-range projects,” she says.
“But to me, they’re like my children. I like
to watch them grow. And, of course, I never
stop worrying about them.”
JULY 2007
23