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FEATUREAREA OF LAW
FEATURE ENVIRONMENTAL, ENERGY & NATURAL RESOURCES

IS IT A FIXER UPPER?

BY ERIN M. MCDEVITT-FRANTZ & MICHAEL J. FRANTZ, JR.

leveland’s landscape and land, the stakeholders are typically spouses Moreover, in addition to zoning and planning
skyline are changing. Billions guided by similar individualized interests. requirements, the “perfect” new location
of dollars are being spent on Commercial development, on the other hand, may be subject to environmental oversight
constructing or renovating will likely have various parties with competing and permitting requirements. Brownfields,
Cbuildings across the City and interests. We already know that the Justice wetlands, or endangered species habitats
Northeast Ohio generally. Discussions are well Center Project has many stakeholders with may pose a number of unique hurdles that
along their way for the Justice Center Complex diverse interests that will have to be considered may limit the use of land surrounding a new
to be next in line for significant change. and navigated. location, and we have not even considered the
The Complex that houses the Cuyahoga Legal complications related to zoning and various environmental regulations that apply
County and Cleveland Municipal Courts, the other land restrictions, as well as various to all large construction projects.
Cleveland Police Headquarters Building, the environmental risks, may have significant Complying with governmental
Correction Center (known as Jail I), and Jail implications on the time, money and location requirements and obtaining necessary permits
II, was originally constructed in the 1970s, and factors the stakeholders on commercial can be a time-consuming and expensive
now is outdated and in need of repair. projects must evaluate. Specifically, there are proposition, but failure to do so can be even
As consultants and committees for the notable environmental issues that require more costly. Regulatory agencies are required
various stakeholders assess the fate of the consideration for renovation and rehabilitation to timely respond to requests and applications,
Complex, they must decide: Is it a Fixer Upper? and for new construction. Providing clients but what does that really mean? A response
That is, should the Justice Center be renovated with a comprehensive legal strategy will may be a request for additional information,
and rehabilitated or rebuilt? As with all major assist in mitigating the impacts of those which simply restarts the “timely response”
construction projects, there are a number environmental risks. The best legal strategy clock while the Project struggles to get off the
of environmental considerations that the will benefit from an understanding of how the ground. While in some instances it may be
consultants must consider when answering this marriage of construction and environmental advisable to engage professionals to coordinate
question. A successful project requires properly law concepts may affect the Project. Counsel the agency reviews, at the very least, the
identifying and managing these concerns. should strive to identify the critical impacts, Parties should identify who will coordinate the
In their hit HGTV series, Chip and Joanna understand their respective implications permitting process and bear the risk of delays
Gaines popularized the term “fixer upper.” The and implement solutions that cross the line to the Project.
husband and wife team combines their design between the two areas of law. Construction contracts should clearly
and renovation skills to assist homebuyers in As noted, in addition to the financial specify who is responsible for obtaining
selecting and renovating residential properties. bottom line, time and location are also key necessary approvals and permits, including
Similar to larger commercial renovations, the to a successful project. Environmental laws, submitting the initial application and
key to a fixer upper property is being able to violations, enforcement actions, and related responding to agency requests. The
personalize the property to the homebuyers’ issues can affect the viability of a location and preconstruction schedule should also account
needs and tastes within budget. Each episode be massive drains on time and money. for the uncertain timeframe. Experience
of Fixer Upper typically involves the drama of For instance, the Justice Center currently with a particular agency can assist in guiding
some unforeseen complication resolved by the has a central downtown Cleveland location. and managing expectations in this regard;
witty show hosts followed by a stunning before The campus style Complex connecting knowledge of the construction industry can
and after reveal. It almost seems scripted. Also, Police Headquarters, the Courts, and Jails assist with developing creative solutions and
shiplap; every episode involves shiplap. is convenient and efficient. Law firms, bond protecting stakeholders’ interests.
In reality, there is still shiplap, but the companies and other companies that service Failure to properly work through regulatory
decision to rehabilitate an existing structure the legal industry are situated nearby to access or permit requirements at the beginning of
or build new construction can be more the Court Towers. Another similarly situated a project may result in expensive litigation
complicated. Time, money, and location location will be difficult, if not impossible, or enforcement actions involving hefty civil
typically drive the decision rather than the to find and the financial impact to the penalties. Getting past the government
personal interests of stakeholders. In TV surrounding location could be enormous. agencies is not always enough, as some
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