Mr. Fitzgerald focuses his practice on real estate law, regularly representing corporate and developer clients. He assists his clients with all matters related to real estate transactions and development projects. This includes sales and acquisitions; financing; leasing; land use and zoning (site plan approvals, special permits, variances, subdivision plans and rezonings); easements; covenants; conditions and restrictions; and environmental compliance and permitting at both the state and federal levels. Mr. Fitzgerald also advises and assists corporate clients on all real estate matters related to commercial transactions.
Admitted to Practice
- New York
- U.S. District Court, Western District of New York
Honors & Awards
- Named to Best Lawyers: Ones to Watch
- Named Upstate New York Super Lawyers® Rising Star, 2017-2020
- State University of New York at Buffalo Law School, J.D., 2011
- St. John Fisher College, B.A., 2006
- American Bar Association
- Bar Association of Erie County
- Environmental Law Committee, Chair
- New York Construction Materials Association
- New York State Bar Association
- Urban Land Institute
- Regularly advise and assist corporate entities, including various educational institutions, in connection with all real estate matters, such as zoning and leasing (with institutional and private landlords) and the acquisition and disposition of real property located throughout the U.S.
- Assist a publicly traded self-storage company with various real estate matters, including negotiating easements, declarations, covenants, conditions and restrictions, and acquiring and disposing of property, as well as participating as counsel to the company on a $1.3 billion commercial transaction.
- Assisted a New York State industrial development agency (IDA) in connection with environmental matters related to a $1 billion waterfront development project located on multiple properties that required environmental remediation activities.
- Advised various New York State IDAs on all New York State Environmental Quality Review Act matters. Significant matters include a $38 million waterfront hotel project, 78MW and 100MW wind farms, and a 325,000-square-foot manufacturing facility expected to produce nearly 900 new jobs.
- Assisted a national trust client with land use and zoning issues, as well as the disposition of property that was allocated roughly $121 million by the federal/state government to investigate and remediate potential environmental contamination located on the property.
- Counseled a manufacturing client on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement, in connection with its sale to multiple private-equity firms for $45 million.
- Counseled a manufacturing client on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement, for its sale of $130 million.
- Counseled an insurance company client on real estate and environmental matters, including negotiating relevant portions of the stock purchase agreement and addressing title issues, for its sale of $200 million to a privately held company.
- Regularly advise energy facility developers and property owners in connection with various real estate matters (e.g., leasing and zoning) that arise in connection with the development of large-scale solar projects.
- Represent a health care company (personal protective equipment) in connection with all real estate matters, including the acquisition and leasing of various properties throughout the U.S., and various corporate matters relating to its supply chain and project financing.
- Counseled a development team in connection with the purchase of property, including all related real estate matters (e.g., leasing, easements and air rights issues), from a New York State Off-Track Betting Corporation for the development of a $7.5 million hotel project.
- Counseled a financial institution in connection with a $6.7 million loan facility, including construction and permanent loans, for a brownfield redevelopment project.
- Advised a Fortune 100 telecommunications carrier with respect to land use and zoning matters (site plan approval, variances, rezonings, special permits, etc.), and the negotiation of hundreds of lease and lease amendments for the development of telecommunications facilities throughout the U.S.
- Negotiated the sale and leaseback of a former industrial complex (including a full and unconditional release and waiver for environmental matters).
- Counseled a corporate client in connection with the purchase and sale of property, as well as zoning and other approvals, for the development of an aircraft prototyping and manufacturing facility.
- Erie County Bar Association Volunteer Lawyers Project, Inc., Volunteer
- WNY United, Board of Directors
- Amherst Republican Committee, Member
- New York State Wireless Association Tradeshow Committee, Member
- State University of New York at Buffalo School of Law National Trial Team, Member
- Saturn Club Historic Preservation Foundation Committee, Member
- Nickel City Professionals Committee, Member
- HSBC Riverside High School Mentoring Program, Student Mentor