MCDONALD FIELDING, PLLC
THE MILL AT DRY CREEK
175 W. CANYON CREST RD, SUITE 205
ALPINE, UTAH 84004
McDonald Fielding handles all things real estate. Our real estate experience includes liquidation and acquisition of real property, liquidation and acquisition of secured loans and loan portfolios, lender liability defense, real estate purchase contracts, option contracts, leasing, financing, mezzanine financing, due diligence, zoning and land use, broker and agent defense, brokerage advisory, title disputes and problems, title clearing and quiet title, title insurance, redevelopment, tax increment financing, Fair Housing Act and ADA compliance, loan workout and restructuring, receiverships, foreclosures, trustee’s sales, private money lending, commercial evictions, regulatory compliance, RESPA compliance, DRE investigations, and all real estate-related litigation.
FAIR HOUSING & GROUP HOMES
Our firm has unique experience advising local governments and helping group home/residential treatment facility developers and operators throughout the western United States understand the complex regulatory environment of the Fair Housing Act, the Americans with Disabilities Act and the Rehabilitation Act, as well as how those laws interact with state and local land use laws and ordinances. From an initial request for a reasonable accommodation to complex litigation at the appellate level, our experienced attorneys are uniquely equipped to successfully navigate these challenging legal landscapes. Attorney Dan McDonald has handled FHA, ADA, RA and 42 U.S.C. § 1983 cases throughout the western United States. He recently represented the City of St. George, Utah, in a $7 million group home/residential treatment facility case before the 10th Circuit, defeating the group home operator’s claim that the city violated the Fair Housing Act when it denied the developer’s request for a residential treatment facility. See Cinnamon Hills Youth Crisis Center, Inc. v. Saint George City, 685 F.3d 917 (10th Cir. 2012). He was also land use counsel for the developer that sued Boise County, Idaho, for discrimination against a proposed youth treatment facility and obtained a $5.4 million judgment, causing the county to file bankruptcy and garnering national media coverage. Alamar Ranch, LLC v. County of Boise, Civil No. 1:09-cv-004-BLW (U.S. Dist. Idaho). He routinely gives training presentations to various groups of attorneys, cities, counties and governmental organizations throughout the western United States with regard to the FHA. He is the Utah Counties Indemnity Pool’s hotline attorney for group home and residential treatment facility issues for the entire state of Utah.
TAX INCREMENT FINANCE
McDonald Fielding attorney Kyle Fielding provides both general and special legal counsel to Community Development and Renewal Agencies (also known as Redevelopment Agencies) under Utah’s Limited Purpose Local Government Entities – Community Development and Renewal Agencies Act, many provisions of which Mr. Fielding has played an integral role in revising and drafting at the legislative level. Mr. Fielding’s experience includes large, multi-million dollar redevelopment projects, including some of the more well-known projects throughout the State of Utah. Many of the projects he has worked on can be seen as you drive the 1-15 corridor. He provides agencies with customized advice on a variety of projects, including urban renewal, economic development and community development projects. He routinely guides agencies through the complex processes of statutory compliance, including preparing and implementing project area plans, project area budgets, blight findings, notice and hearing requirements, eminent domain and all other aspects of the redevelopment process. Mr. Fielding helps agencies with bonding, tax increment financing and other public financing and value capture strategies that are commonly a part of the redevelopment process.
Our firm offers litigation services and support in just about every aspect of civil litigation, from the simplest breach of contract case to complex, multiparty, and multi-claim litigation. Attorney Dan McDonald has successfully tried numerous cases in state and federal court and is a graduate of the National Trial Academy in Reno, Nevada. He is a seven-time recipient of the "Legal Elite" designation for business litigators and trial attorneys by Utah Business magazine. Both Dan McDonald and Kyle Fielding have extensive experience in civil litigation in courts throughout the State of Utah.