In addition to my real estate development work in partnership with others and for my owner development company, I maintain a private law practice, representing individuals and companies, local and national, with their real estate matters throughout Indiana.

My experience and current practice spans the full spectrum of real estate concerns and events, in all forms of transactions, from commercial acquisitions, sales, leasing and financing to select individual residential transactions.

In real estate development I have handled the acquisition, zoning, platting, permitting, financing and the corresponding retail sales of residential subdivisions and condominiums. Similarly, I have represented owner-occupants in developing their single-use commercial, office and industrial properties, as well as developers of commercial, office and industrial properties, whether in free-standing, shopping center or mixed-use, integrated center format.

I am past president of the Land Use Section of the Indianapolis Bar Association, and have assisted developers, real estate brokers and companies and individuals with their land use planning, zoning and permitting needs in many cities, towns and countries throughout Indiana.

In what I broadly describe as land use litigation, I have represented individuals and companies in all forms of contested zoning and permitting proceedings, including court and jury trials, and appeals ranging from initial writ of certiorari petitions and extending to petitions to transfer to the Indiana Supreme Court. In select cases in various jurisdictions around Indiana I have represented remonstrators and remonstrator groups. I have represented land owners in court and jury trials in implied, prescriptive and express easement cases, in boundary line disputes and adverse possession claims, in drainage and access cases involving injunctive and declaratory relief, and in construction performance.

History

 Biographical and Curriculum Vitae 

As a practicing attorney for over 28 years, I have concentrated in real estate matters for most of my career, and have participated as a principal in real estate development since the mid 1990s.

I am former general counsel for and a principal of Tharp Investments, Inc. and its affiliated real estate development companies, most of which were formed in conjunction with development projects throughout Indiana since 1995. Currently, I own and develop real estate through my solely owned entity, Cleveland Properties, L.L.C., and in partnership and collaboration on particular projects with other individuals and companies.

I maintain a private law practice, concentrating in real estate matters, and also currently serve as Special Counsel - New Business Development for the YMCA of GREATER INDIANAPOLIS. These activities are described in more detail, below.


Real Estate Development.

I have participated as a principal in all phases of development work, including conceptual design, land acquisition, zoning and permitting, financing, land development (including 15 year law sewer system design permitting and construction), building design and construction, and leasing and management.

Examples of such work, some of which are pending projects, include:

1. Trafalgar Pointe Commercial Center - Trafalgar Pointe Commercial Subdivision, a 19 acre commercial subdivision located in the northeast quadrant of S.R. #135 and #252 in Trafalgar, Indiana. Financing and acquisition of the land was completed in 2005, platting and zoning of the land in January, 2006, and all permits and approvals for construction of infrastructure, including construction of passing, acceleration and deceleration lanes added to S.R. #135 and S.R. #252 to serve the entrances to the center, were obtained by approximately February, 2006. CVS Corporation purchased Lot #2 of the Trafalgar Pointe Commercial Subdivision on May 2, 2006. Construction of the infrastructure, including required right-of-way construction was completed in the fall of 2006. Construction is nearing completion on a 7,200 sf retail center to be located on Lot #3, of which McDonald’s will occupy 3,000 sf end-cap space-- the first of its kind McDonalds in Indiana. And an 88 unit residential apartment complex to be located on Lot #8 is in design and financing.

2. Stones Crossing Commercial Center – S.R. #135 and Stones Crossing Road, Greenwood, Indiana. See aerial photo attached. Land and infrastructure development for 25 acre condominium project and 13 acre commercial and retail development consisting of Marsh Supermarket, and 10,000 sf and 20,000 sf strip centers owned by TKC Properties, L.L.C., a Tharp Investments affiliated development company. In addition to handling the work for TKC Properties, I handled the development of the residential condominium project on behalf of a condominium developer client.

3. CVS Pharmacy, Nashville, Indiana – This was a CVS Pharmacy project in Nashville, Indiana that involved assemblage of real estate, DNR and local permitting for construction activity and engineered fill for development in a floodway fringe area, and a customized design and construction process due to the design approval requirements of Nashville, Indiana. Over a 24-36 month period, I handled all phases of deal acquisition and lease negotiation with CVS Corporation, financing, site design and permitting, structural building design approval, and construction supervision and loan draw administration. I helped fashion the CVS Pharmacy design, which is unique in America, with commercial and residential architects that I hired and with over a year’s work with the Nashville Plan Commission. 

4. Retail Center, S.R. #3 and I-74, Greensburg, Indiana – This is a multi-lot commercial and retail subdivision. The primary retail building involves a Dairy Queen Restaurant with drive-up located in an end-cap configuration in a retail strip center including a convenience store, Subway Restaurant, financial services firm and Hollywood Video store. Additional outlots have been developed for Goodwill and Big O Tires.

5. 429 N. Pennsylvania Office Building and Residential Condominium Development. This is a $24,000,000 mixed use office building – residential condominium project nearing completion in downtown Indianapolis. Residential condominiums have been added in four floors onto the top of an existing office building located at 429 N. Pennsylvania Street.  I have handled design and implementation of the acquisition and ownership structure; design and negotiation of the financing package including an amortizing loan for the office building portion and a revolving construction loan for the condominium construction and sales; design and implementation of the legal infrastructure including air rights parcel creation and associated covenants and restrictions; creation and documentation of the condominium vehicle; and participation in the design, construction and marketing of the condominium project, and leasing and management of the office building and connected parking garage. 


Personal and Legal Practice

Born Chicago, Illinois, December 20, 1955. Graduate of Culver Military Academy (1974), the University of North Carolina at Chapel Hill (B.A., 1978), and Indiana University School of Law-Indianapolis (J.D., 1981). Admitted to the Indiana bar, 1981.

I practiced law as a partner with the law firm of Johnson, Smith, Pence, Densborn, Wright & Heath until January 1, 1997, when I joined a long-time client and real estate developer, Donald Tharp, in forming Tharp Investments, Inc. I resigned as general counsel for Tharp Investments, Inc. in 2008 to pursue my individual real estate development activities and private law practice, and am in the process of dividing up select properties with Don Tharp.

I concentrate in real estate transactions and development, financing, land use and zoning, and real estate litigation. My real estate litigation experience has included court and jury trials and appeals concerning contract enforcement, use restriction disputes, easements, boundary line disputes, leaking underground storage tanks, brokerage disputes, land use litigation (such as zoning, drainage and permitting administrative proceedings and appeals to local and appellate courts), condemnation and real estate bankruptcy cases. My professional activities include faculty for and author of Land Use Litigation: The Land Use Lawyer's Toolbox, Planning & Zoning, Indiana Continuing Legal Education Forum, 1999; Land Use Litigation, Indiana Environmental Law, Federal Publications Seminars, 1994, 1995; Land Use Litigation, Land Use Section, Indianapolis Bar Association Seminar, 1994; Land Use Litigation, National Business Institute, 1993; Boundary Disputes in Indiana, National Business Institute, 1992. I am a member of the Indianapolis (Chair, Land Use Section, 1995), Indiana State and American Bar Associations.

I currently also serve as Special Counsel - New Business Development for the YMCA of GREATER INDIANAPOLIS, where my duties center upon new branch real estate and business development including YMCA collaborations with area hospitals, schools and other organizations. Among other current projects, this includes the Hendricks Regional Health YMCA, a 100,000 square foot medical fitness facility to be jointly owned by the YMCA and Hendricks Regional Health, all to be built in an 80 acre commercial subdivision under development in Avon, Indiana..

My wife, Becky, and I have two boys, Wes, age 21 (DePauw, Class of 2011), and Brent, age 18 (Park Tudor School, Class of 2010), and we are members of St. Luke Catholic Church.

My civic activities include service in various capacities with the YMCA of Greater Indianapolis for 24 years, including the Board of Managers of the Fall Creek Branch (1984-1991; 1994-1997); Buildings and Property Committee of the YMCA of Greater Indianapolis (1985 - 2000); Steering Committee and Branch Board for the Urban Mission Branch of the YMCA (1997-______ ); Board of Directors of the YMCA of Greater Indianapolis (1998 – 2008; on leave pending completion of Special Counsel duties); Public Policy Committee of the YMCA of Greater Indianapolis (1998-2000); Vice Chair, Board of Directors, YMCA of Greater Indianapolis (2000-2005); Chair, Program Development Committee of the YMCA of Greater Indianapolis (2000-2005); Capital Planning Committee of the YMCA of Greater Indianapolis (2006 - _____ ).