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Results

We are proud of what we do, and how we do it.

Representative matters and published decisions from across the firm. Filter by practice area.

Infill development

Hyde Park Square rezoning

Cincinnati · 2024–2025

Lead counsel for the successful effort to rezone a portion of Hyde Park Square for a $150,000,000 mixed-use development with apartments, a boutique hotel, and underground parking. A high-profile, contested neighborhood approval.

Historic preservation

Saving the Washington Park bell tower

Over-the-Rhine · 2022–2023

Lead counsel for the successful effort to save the 150-year-old church bell tower on Washington Park, including multiple emergency court orders, personally argued and won by J.P. Burleigh, that halted demolition in the Over-the-Rhine Historic District.

Historic adaptive reuse

Crosley Building adaptive reuse

Camp Washington · 2020–2021

Lead land use counsel for the $50 million conversion of the former Crosley Radio Corp. headquarters into 175 to 250 apartments, with a focus on providing units to artists.

Rezoning
Rezoning

Trail-oriented multifamily

South Lebanon, Ohio · 2020

Lead land use counsel on the rezoning that permitted 416 apartments across eight buildings on the Little Miami River Trail. Now under construction.

Rezoning
Rezoning

St. Vincent de Paul outreach center

West End · 2018

Lead land use counsel on the rezoning for a new 36,000-square-foot facility for the Society of St. Vincent de Paul Cincinnati, including an expanded food pantry, charitable pharmacy, homelessness-prevention services, chapel, health clinic, and call center.

Entitlements

Affordable senior housing in the historic urban core

Pendleton, Cincinnati · 2026

Suder helped secure a key approval for an affordable senior housing project in one of Cincinnati's historic neighborhoods after the design was reworked to respect its context. Proof that the firm gets projects built in historic districts, not just blocked.

Data
Data centers

Opposing the Wilmington data center

Wilmington, Ohio · 2026

Counsel in the opposition to a proposed hyperscale data center campus in Wilmington, Ohio, on the questions these projects turn on: whether the use is permitted at all under the existing text, what the campus draws from the local water supply, the generation and transmission that arrives with it, and noise at the property line.

Published opinion

Taxpayer standing: Cincinnati ex rel. Miller v. Cincinnati

2024-Ohio-4805 (1st Dist.)

Representing the affordable housing developer, Over-the-Rhine Community Housing, Suder defeated a taxpayer suit attacking the City ordinance that approved the project. The First District vacated the judgment and ordered the case dismissed for lack of standing.

Published opinion

Nonconforming uses: Cook v. Lockland

2024-Ohio-9 (1st Dist.)

Representing a property owner against the Village of Lockland, Suder won a reversal holding that the village, not the owner, bears the burden of proving a nonconforming use was abandoned before it can strip the owner's vested right to continue it.

Published opinion

Use variances: Mt. Lookout Community Council v. Cincinnati

2023-Ohio-1729 (1st Dist.)

Representing the neighborhood community council, Suder won a reversal vacating a use variance that would have allowed the demolition of four buildings in Mt. Lookout. The court held that demolition is not a land use that can be permitted through a use variance.

Sale-leaseback financing

Grocery-anchored downtown tower

Downtown Cincinnati · 2018

Lead transactional counsel on the sale-leaseback financing for a new 18-story downtown apartment tower anchored by a new multi-level Kroger store.

Acquisition

Convention hotel acquisition

Downtown Cincinnati · 2020

Lead transactional counsel on the acquisition of the 32-story Millennium Hotel across from the Duke Energy Convention Center.

Sale-leaseback financing

$100 million assisted living portfolio

Ohio, Kentucky, and Indiana · 2020

Lead real estate counsel on the sale-leaseback financing of a $100,000,000 assisted living portfolio spanning three states.

Retail
Retail leasing

Retail leasing program for a growing orthodontics group

Greater Cincinnati and Northern Kentucky · 2019

Lead leasing counsel for locations in several of the region's top retail centers, including Kenwood Towne Centre.

Public financing

Playhouse Square residential tower

Downtown Cleveland · opened 2020

Counsel on matters related to a portion of the public financing for a new 34-story apartment tower on Cleveland's historic Playhouse Square.

Condominium structuring

W Austin Hotel & Residences condominium

Austin, Texas

Josh Bernstein prepared the condominium documents for the W Austin Hotel & Residences, the mixed-use tower combining a hotel, private residences, and commercial space, using the condominium regime to allocate ownership, control, and cost among very different uses in one building.

Land acquisition and development

The Grove: 75 acres of state land into a walkable mixed-use community

Austin, Texas

Josh Bernstein represented the private equity-backed developer in acquiring 75 acres of state-owned land in central Austin through a public bid process, including leaseback agreements with multiple state agencies, public procurement requirements, and affordable housing commitments, followed by the ongoing development, leasing, and parcel sales for the community.

Master-planned communities

Austin's marquee master-planned communities

Barton Creek and Mueller · Austin, Texas

Josh Bernstein was heavily involved in the development, condominium, and covenant work for several of the projects that shaped Austin's growth, including Barton Creek and the Mueller redevelopment.

Condominium
Condominium as land-planning tool

Age-restricted communities structured as condominiums

Texas

For a master-planned community developer, Josh Bernstein built a condominium structure for subdividing all of the land in multiple 55+ communities, unlocking significantly more density than a traditional platted subdivision would allow, and handled sales of improved and unimproved parcels to sub-developers, homebuilders, and individuals.

Acquisition
Acquisition and entitlements

First-of-its-kind timeshare conversion

National hospitality company

Josh Bernstein represented a national hospitality company in acquiring a Class A apartment building and converting it to timeshare use, securing a first-of-its-kind approval from local authorities, then structuring multiple condominium regimes to support a multi-club timeshare program and state timeshare registrations.

Land
Land acquisition

Land acquisition program for a publicly traded homebuilder

Texas

Josh Bernstein advised a public homebuilder on the simultaneous acquisition of dozens of unimproved parcels, negotiating entitlement and development agreements and utility and shared-facility agreements with sellers and neighbors, with a tracking system built to keep the volume on schedule.

Joint
Joint venture

Joint venture for a major commercial and mixed-use project

San Diego, California

Josh Bernstein represented an institutional developer in structuring and negotiating the joint venture for a large commercial and mixed-use development in San Diego.

Lending
Lending and workouts

Commercial lender representation, including a distressed Houston project

Nationwide

Josh Bernstein has represented a commercial real estate lender across multiple loans nationwide, including a Houston development where the borrower's deal collapsed and the lender foreclosed and resold the asset.

Prior results do not guarantee a similar outcome. Client names are used only where the matter is a matter of public record.

Counsel forthe Built Environment.

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