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Case Studies

864,000 Square Foot Mixed Use Development

Hinckley Allen acted as special real estate counsel for an 864,000 square foot mixed use project including wet lab space, office, retail, and residential uses. The client’s goal was to secure all necessary approvals for the full build out of project with the right to build the project out in 7 or 8 phases over a 25 year period. The desired phasing schedule presented significant legal and regulatory challenges. The client’s primary concern was that future regulatory changes could negatively impact the project and jeopardize its significant investment. Using an innovative combination of local regulations and state statutes, Hinckley Allen devised a solution that provided broad protections for the project against changes in regulations for the full 25 years in exchange for modest up front construction requirements. Our work included negotiating with various municipal boards and regulatory agencies and drafting the key terms of the critical phased development approval. The vesting protections achieved for this project are unique in New Hampshire land use practice.