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Case Studies

Shopping Center Redevelopment

Hinckley Allen represents the owner of a shopping center in southern New Hampshire. The landlord is in the process of redeveloping and modernizing the center. We negotiated a lease with a national, credit tenant predicated upon receiving permits and approvals needed for it to move into and renovate existing vacant space and to demolish some adjacent space for additional parking. It was expected by the parties that the permitting process would be straightforward and simple since no new space was being added to the center. Initially, however, the Planning Board took the position that the proposal constituted a change in use and required full site plan review for the entire shopping center. This would have resulted in significant extra time, additional cost and regulatory risk. Working quickly and aggressively, Hinckley Allen recommended certain project modifications limiting site impacts and advocated the legal position that any part of the shopping center that was not being physically changed was “grandfathered” and exempt from planning board review. We submitted a detailed legal memorandum supporting our position. Upon consultation with town counsel, the planning board reversed course, adopted our position, and quickly approved the project. This proactive approach saved the client significant cost and delay and allowed the client to secure a credit tenant in a challenging leasing environment.