Cases
Representative Matters: Represented Sunoco Pipeline, L.P. as appellee before the Pennsylvania Commonwealth Court in a dispute with the County of Chester, Pennsylvania. After defeating the plaintiffs' request for a preliminary injunction enjoining construction of the Mariner East 2 Pipeline project on county library property, the county appealed, contending that Sunoco Pipeline was required to secure county permission before changing the construction methodology from horizontal directional drilling to open trench installation
the Commonwealth Court unanimously affirmed the denial of the preliminary injunction.
Obtained on behalf of the Philadelphia Zoo all approvals for their 683-space parking garage, built at a cost of $24 million.
Represented a publicly traded realty trust (REIT) in connection with a l
use
development application to redevelop a 26 acre site improved with a laboratory facility into a 474,600 square-foot office
innovation campus, which included an underground parking garage with over 1600 spaces.
Represented owner of a former approx. 211,000 square foot department store building in a condemnation by a city for construction of a new sports arena. The taking
subsequent negotiations were complicated by the unusual ownership structure of the property being acquired: the department store
underlying l
were separate parcels having separate ownership. Initially, the city offered $4.3 million for all interests in the property - with $0 attributed to the department store building. The two property owners settled the matter for a total of $12 million, with $7 million being paid to the client, the owner of the department store building.
Represented a multibillion-dollar self-managed real estate investment trust (REIT) in successfully opposing the application of a neighboring property owner to construct a 50,392-square-foot hazardous waste incinerator in Bristol Township, Bucks County, PA.
Represented an American petroleum
petrochemical manufacturer in obtaining l
rights to implement a $4 billion natural gas liquids pipeline project in Pennsylvania.
Represented a single purpose LLC in the sale of a contaminated 30-acre former General Dynamics site in Woodbridge, NJ to Atlantic Realty Development Corp., which will build a 500-unit, mixed use transit village-style development
arts center called Avenel Arts Village.
Reduced an Atlantic City casino's taxable assessed value by more than two-thirds - from $543 million down to $165 million -
obtained a $19.5 million tax credit for the casino. The multimillion-dollar tax credit was a combination of cash payments
future credits. The settlement was approved by City Council after property tax appeals
related litigation were filed starting in 2006 in the Tax Court of New Jersey.
Represented a commercial real estate development
management company in an appeal of a property tax assessment on a New Jersey shopping center. Successful in having the property tax assessment reduced by more than $9.8 million, resulting in tax savings of more than $1 million in the first three years for the client, including an immediate refund of over $529,000 - with the potential for savings of over $300,000 per year in property taxes in the future.
Re-wrote the township's zoning ordinance, then obtained all township, county, state
federal government approvals for an approximately $50,000,000 project on 53 acres, which will consist of a 32,000 sq. ft. office building, a 32,000 sq. ft. medical center, a 14,000 sq. ft. pharmacy
a 171-unit affordable-housing apartment complex that will cater mostly to seniors. Helped to properly structure the affordable housing component of the development
assisted the client in obtaining $17.5 million in tax credit financing for the project,
$6,500,000 in federal stimulus funds. Assisted in organizing the appropriate non-profit entities for the ownership
development of the project.
Represented property owner in a dispute with Bank of America over the interest rate earned on condemnation proceedings. The N.J. Supreme Court upheld the Appellate Division's decision in City of Englewood v. Exxon Mobil Corporation, et al., 406 N.J. Super. 110 (App. Div. 2009), denying certification to appellant Bank of America (
solidifying a victory for firm client RD Management d/b/a FBB Englewood, LLC).
In a property tax appeal filed on behalf of a shopping center owner in Allegheny County, Pa., obtained a 45-percent reduction of assessment after a major tenant declared bankruptcy. As a result of the reduction obtained after a board hearing, annual property taxes decreased more than $152,500.
Successfully represented major oil company in a partial condemnation of an oil terminal facility. Initially, the condemnor sought to take a 4.5-million gallon storage tank but only after building a temporary roadway system around the site. The original offer was $1,150,000 for the taking. Mr. Kroculick worked with the engineers
real estate professionals of the client
the condemnor to provide a resolution that saved time
money for both parties. Rather than building the temporary road system, the client would rebuild on its own property new tanks, related improvements, as well as new internal roadways
related infrastructure-all prior to the demolition of its original improvements. The condemnor did not have to expend millions of dollars on a merely temporary roadway
the client received new improvements on its own property that allowed it to continue business functions during re-construction. Mr. Kroculick's client eventually received compensation in excess of $6,000,000.
Represented two major oil companies in the valuation phase of an eminent domain action. Demonstrating the deficiencies in the city's appraisal regarding valuation methodologies with regard to improvements
relocation expenses, Mr. Kroculick helped our clients settle the matter from an initial $3,000,000 offer to a final settlement of $7,150,000.
Successfully represented a major oil company in an eminent domain action. The client lost a relatively narrow strip of l
used for a service station along a state highway, leaving the canopy
pumps close to the road. Mr. Kroculick argued that the taking required a complete raze
rebuild of the site. Unique among the valuation arguments was total temporary take damages during the time required to tear down
rebuild the property. End compensation went from an initial offer of $18,000 to a settlement of more than $500,000.
