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s Kramer Levin, a prominent New York-based real estate law firm, prepares to merge with Herbert Smith Freehills, its land use attorneys are reflecting on their unique approach and footprint in the city. Elise Wagner, co-chair of the firm's land use practice, notes that what sets them apart is their ability to act as planners, advisers, and litigators, rather than just lawyers.
"We're not just being a lawyer," Wagner said. "We're being a planner and dealing with environmental issues, political strategy, and working with government officials." This approach has allowed the firm to advise on high-profile projects such as skyscrapers and neighborhood-wide rezonings.
The firm's reach is broad, with its land use attorneys involved in nearly every major development project in New York City. James Power, co-chair of the practice, notes that they have a long institutional memory of how projects are approved and what it takes to get from A to B in the city.
Kramer Levin's roots in local politics and government date back to its founders, John Zuccotti and Sandy Lindenbaum, who were civic and legal giants. Wagner and Power learned from these mentors, who established new standards within land use law by hiring planners with experience at the Department of City Planning.
Today, Kramer Levin's land use attorneys work closely with city officials, explaining why their clients' projects are good for both the client and the community. They also provide technical assistance to developers, helping them navigate complex regulations and secure capital.
The firm's multidisciplinary approach is particularly valuable when working on neighborhood-wide rezonings, which can be contentious and involve complicated politics. For example, Elise Wagner worked with Plaxall, a plastics manufacturing company and real estate developer, on a project that would have brought Amazon's HQ2 to Long Island City.
However, the project ultimately fell apart due to a lack of community outreach and opposition from local officials. Wagner notes that this experience highlights the importance of engaging with the community and understanding the city's evolving zoning laws.
The firm is adapting to these changes, including the City of Yes zoning reform and the overhaul of state tax law that incentivizes developers to build affordable housing. However, Wagner notes that the new tax law has set the bar too high for union construction wages, stalling construction projects.
Despite these challenges, both Wagner and Power say they pursued careers in land use out of a sense of civic duty. They believe that the merger with Herbert Smith Freehills will allow Kramer Levin to continue expanding its legacy in the New York real estate market.
