Shareholder 2200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 p: 612.977.8280 f: 612.977.8650 mmanderscheid@briggs.com Marc Manderscheid is one of only a very few attorneys to have been certified as both a Civil Trial Specialist and a Real Estate Law Specialist by the Minnesota State Bar Association. Marc is a qualified neutral under Minnesota Practice Rule 114. He practices primarily in the areas of: Real estate litigation Eminent domain Property tax valuation Complex civil litigation Mediation and arbitration Appellate law Real Estate Litigation In more than 30 years of practice, Marc has developed a strong presence in real estate litigation. He has resolved numerous real property disputes including valuation issues, purchase agreement problems, construction litigation, land use and zoning, and commercial landlord/tenant problems. For example, he recently represented a landowner where a small part of a large commercial property was being condemned for a road widening. The State offered $870,000. The case was settled shortly before trial for $3,700,000 plus reimbursement for all attorneys fees and costs. Marc s comprehensive knowledge of real estate development and conveyancing gives him a unique platform for resolving real estate disputes. Before attending law school, Marc was a real estate research specialist involved in preparing market feasibility studies for shopping centers, hotels and downtown redevelopments. His breadth of experience in representing developers, owners, tenants and government entities helps him to gain a quick grasp of the issues, and provides him a decided advantage in proposing unique solutions for resolving real estate problems. Practice Areas Business Litigation Construction Law Real Estate Alternative Dispute Resolution (ADR) Appellate Representation Real Estate Litigation Industries Construction Real Estate Education University of Pennsylvania Law School, J.D., 1983 - National Moot Court Team Augustana University, South Dakota, B.A., 1978, Summa Cum Laude - Blue Key Bar & Court Admissions Minnesota U.S. District Court District of Minnesota U.S. Court of Appeals 8th Circuit U.S. District Court Western District of Wisconsin www.briggs.com
Eminent Domain Marc s eminent domain experience on both sides of many types of eminent domain disputes has given him a broad and unique perspective to efficiently and fairly resolve eminent domain disputes. He is a frequent lecturer on eminent domain topics and is often consulted when other attorneys are seeking advice in resolving complicated factual situations. Marc has also been selected to mediate eminent domain disputes. Property Tax Valuation Marc has been involved in many cases venued before the Minnesota Tax Court and the District Courts involving the valuation of commercial property for property tax purposes. Marc has worked extensively with appraisal experts in determining such issues as highest and best use, methods of valuation, depreciation, obsolescence and determining market value. He has extensive experience in the procedural aspects of property tax valuation and in application of the rules of procedure and evidence. Complex Civil Litigation During the course of his practice, Marc has litigated numerous types of complex matters, including antitrust, ERISA (Employee Retirement Income Security Act), long-term contracts, foreclosures and commercial bankruptcy. His cases have included resolving disputes for such products as coal, popcorn, turkeys, beer and manure. Appellate Law Marc has appeared before the appellate courts numerous times. He has been very successful in explaining complicated commercial and real estate concepts and secured many positive results for his clients. Honors & Awards Leading Minnesota Attorney Super Lawyer in Real Estate Litigation, Minnesota Super Lawyers AV Preeminent Rating, Martindale-Hubbell North Star Lawyer, Minnesota State Bar Association Experience Minnesota Supreme Court: Interpreted state statutes specifying which structures at industrial plants were subject to property tax, affirming continued validity of "special purpose" property designation, and describing proper application of cost and sales Represented land owner/developer in partial-taking for highway project. State offered $870,000; settled shortly before trial for $3,700,000 plus reimbursement for all attorneys' fees and expert costs. Represented national discount retailer with large store in central Minnesota; negotiated arrangements to minimize disruption and provide extra signage and clear travel routes for customers when state transportation department took part of shopping center grounds for highway expansion. Represented northern Minnesota city in acquiring numerous land parcels for $35 million flood control project; commenced two eminent domain proceedings; represented city in ten commission hearings; negotiated settlements for all properties without trials. 2 www.briggs.com
Minnesota Court of Appeals affirmed eminent domain acquisition and use of quick-take procedures. Minnesota Court of Appeals affirmed hearing officers' findings that auto parts business failed to properly document direct-loss claim for relocation benefits following eminent domain acquisition. Minnesota Court of Appeals affirmed property tax valuation after trial in district court and also approved denial of subpoena for expert witness and substantial recovery of expert witness costs. Minnesota Court of Appeals holds that the language of the Petroleum Marketing Practices Act does not overcome language in a franchise contract, which precludes convenience store operator from claiming loss of going concern damages when property was condemned for road widening. Minnesota Court of Appeals interpreted newly amended eminent domain statute to identify conditions under which a court may authorize public access to private property for conducting environmental tests. Minnesota Court of Appeals upholds pre-existing lease for billboard against new owners' attacks based on lack of spouse's signature and that inadequate legal description violated the Minnesota Statute of Frauds. Obtained reimbursement of full costs for relocation of outdoor advertising sign adjacent to interstate highway following hearings before an administrative law judge, after condemning authority had purchased underlying land and had denied that client was entitled to any reimbursement. Represented County in defense of property tax assessment on large agri-industrial facilities. Represented County in defense of property tax assessment on office and industrial properties. Represented property owner/developer in defense of claims by adjacent owner that client's redevelopment activities violated terms of reciprocal easement agreement. Represented southern Minnesota city in eminent domain jury trial to determine damages when city road project removed primary access and altered property's highest and best use. Represented suburban city in negotiated purchase and eminent domain acquisitions of interstatefrontage properties for highway expansions; settlements including city/business land swap and reimbursement of construction costs to accommodate effects of taking on remainder of auto dealership property. Represented suburban city in negotiated purchases and eminent domain acquisition of commercial properties for highway roundabout. Served as a mediator to successfully resolve eminent domain dispute between state transportation department and national outdoor advertising company, involving the taking and valuation of a billboard adjacent to a major urban highway. Served as mediator for several "Buy the Farm" cases which involved both acquisitions and personal property relocations. Served as mediator to successfully and creatively resolve complicated real estate lawsuit involving multiple buyers and sellers, where all parties had misunderstood likely application of municipal land use regulations. Served as mediator to successfully resolve eminent domain dispute between state transportation department and long-time landowner in case involving large suburban land parcel in prime 3 www.briggs.com
development location. Served as mediator to successfully resolve eminent domain taking by the state transportation department, where landowner had large developable property adjacent to new suburban retail project. Successfully secured order from administrative law judge that outdoor advertising client was eligible for relocation benefits, after condemning authority had initially denied client's claims concerning billboard adjacent to highway. Affiliations Professional Affiliations Minnesota State Board of Legal Certification, Member American Bar Association, Member Litigation Section Forum on Construction Law Minnesota State Bar Association Certified Civil Trial Specialist Certified Real Estate Law Specialist Litigation, Tax, and Construction Sections, Member Ramsey County Bar Association, Member Hennepin County Bar Association, Member Eminent Domain Section, Former Chair, Vice-Chair and Secretary Minnesota Civil Jury Instruction Guides, 5th and 6th Editions, Member, Eminent Domain Subcommittee Southern Minnesota Regional Legal Services, Volunteer Attorney Second Judicial District, Member, Ethics Committee and Eminent Domain Policy Committee Saint Paul School Board Elected Member, 1994-1998 Vice-Chair and Treasurer Citizens Budget and Finance Advisory Committee, Former Chair Blue Ribbon Commission for Strategic Planning, Former Member Saint Paul Area Chamber of Commerce SPACC Charitable Foundation, Board Member and Director 4 www.briggs.com
Political Action Committee, Former Member Central Baptist Church Foundation, Director City of Saint Paul Charter Commission, Former Member Joint Property Tax Advisory Committee (City of Saint Paul, Saint Paul Public Schools, Ramsey County) Former Member Joint Debt Subcommittee, Chair U.S. Soccer Federation, Certified Referee, Grade 8 St. Mary s Health Clinics, Former Board Member Saint Paul Public Schools Foundation, Former Board Member Educational Technology Associates, Former Board Member Prepare Saint Paul, Former Board Member Saint Paul Downtown Council, Former Board Member Ramsey County Regional Railroad Authority, Former Member, Citizen s Advisory Committee Boy Scouts of America, Former Assistant Scout Master Macalester-Groveland District Council, Member Summit-University District Council, Former Member News & Insights News Dozens of Briggs Attorneys Named North Star Lawyers May 12, 2016 Events "What Property Owners and Tenants Need to Know about the Condemnation Process and Awards," Annual Real Estate Institute, Minnesota CLE October 2014 "Condemnation Damages: What is Compensable in a Partial or Total Takings Case," Minnesota CLE February 2016 "Condemnation 101: Explaining an Eminent Domain Case to Judges Who Don't Know What You Are Talking About," Eminent Domain Section Lunch, Hennepin County Bar Association March 2014 5 www.briggs.com