Firm News

9 Questions for Nan Walsh: A Q&A with Our Managing Shareholder

Posted on by The Land Lawyers

Earlier this year, Nan Walsh was interviewed by Virginia Lawyers Weekly magazine for their 2019 Influential Women of the Law publication. Read the Q&A below to learn more about our managing shareholder, Nan Walsh.

One of the go-to land use lawyers in Arlington County, Nan has successfully forged compromises to balance the needs of the community and her clients to get approvals for developments ranging from high-rises to schools to small businesses. 

LOOKING BACK:
I lived over two years in Amsterdam during first and second grades and then grew up in Princeton, New Jersey. Growing up in Princeton, which is considered the ultimate “urban village,” has definitely affected my view of the quality of developments proposed by my clients. That is, the bar is high.

FIRST JOB:
My first job was shucking scallops in Menemsha, a small fishing community on Martha’s Vineyard. The incredible work ethic of those who worked beside me in order to financially support their families was both humbling and inspirational to me.

AN IMPORTANT MENTOR:
My best friend’s father was a professor at Princeton University who headed the math department and he had a huge influence on me while I was growing up. He influenced my view of the world through the eyes of a scientist, which ultimately resulted in my majoring in math in college.

ADVICE FOR NEW LAWYERS:
Work hard, work harder than anyone else. Set the bar high. Be prepared, be over prepared. Be a team player. Keep your head down and represent your clients to the best of your ability, and everything else will fall into place. Finally, if you make a mistake, let the client know immediately and have a plan to fix it.

I ENJOY LAW BECAUSE:
My area of practice is land use and zoning. No two cases are ever the same. The diversity is so interesting and fun. My representation ranges from small day care operators, to churches, to hospitals and also includes mixed use two million square foot developments. Land use also draws on a number of skills, including advocacy, oral argument, lobbying, and detailed research and writing. Finally, it is not an office practice and involves many meetings and public hearings, which makes my job always stimulating and interesting.

SEEKING BALANCE:
I think it is very important to make sure that you do not only work. I have two primary hobbies. One is to always be involved in sports, since I love to work out — run, hike, practice yoga, and swim. I work out every day and I never miss. My second hobby is that I love to cook and I do a lot of it.

GUILTY PLEASURE:
I built myself a 44-ft long salt water pool and I swim in it every day, weather permitting. 

FAVORITE GETAWAY:
Our house in Florida.

YOU DON’T KNOW:
I am very outgoing so it would surprise many people to know that I am a homebody. Also, I love to gamble — but that may not be a surprise given my specialty area in law!

 

Source: Fletcher, Paul. “Nan Walsh.” Virginia Lawyers Weekly: Influential Women of the Law, 18 Feb. 2019, p. 30B.

Fairfax Supervisors Approve 420-unit Mixed-use Project in Tysons

Posted on by The Land Lawyers

InsideNOVA reported on the recently approved 420-unit “Hanover Tysons” mixed-use project which was guided through the approval process by Senior Land Use Planner Elizabeth Baker.

[EXCERPT]

Fairfax Supervisors OK 420-unit Mixed-use Project in Tysons

Tysons will receive yet another new batch of residential units, following the Board of Supervisors’ unanimous approval March 19 of a 420-unit mixed-used redevelopment project. 1500 Westbranch Holdings LLC will build up to that many units on 5.86 acres near Jones Branch and Westbranch drives. “For Tysons, this is a relatively small application – one building, 420 units – but it does provide a number of community benefits,” said Elizabeth Baker, an attorney representing the applicant. Read more

Emergency Legislation Passed in Response to the Virginia Supreme Court’s Decision in The Game Place

Posted on by The Land Lawyers

On February 13, 2019, Governor Northam signed into law legislation that eliminates the potential adverse consequences of the Virginia Supreme Court’s 2018 decision in The Game Place, L.L.C. v. Fredericksburg 35, LLC and that should have landlords and tenants breathing a sigh of relief. In that case, the Court held that a lease for a term longer than 5 years must be sealed or in the form of a deed in order to comply with Virginia’s Statute of Conveyances (Virginia Code § 55-2). A lease that did not comply with that statue could be repudiated by either the landlord or tenant, regardless of how long the parties had operated under the mistaken belief that their written lease was valid, creating an implied tenancy based on the manner in which rent was received (usually a month-to-month tenancy). The Court’s decision sent landlords and tenants scrambling to review their leases to determine whether they complied with the Statute of Conveyances. In many cases, they did not and parties began negotiating lease amendments to resolve the issue.

Legislation was introduced this year to address the consequences of The Game Place decision. The new law amends several provisions of the Virginia Code, including the Statute of Conveyances, and eliminates the need for a lease for more than 5 years to be sealed or in the form of a deed. The law applies not only to new leases, but also to existing leases that had not been repudiated by either party. If an existing noncompliant lease had not yet been repudiated by either the landlord or tenant, they have likely lost their ability to do so under the new law. Because of the number of leases potentially affected by the Court’s decision, the General Assembly concluded that an emergency existed and made the law effective immediately upon the Governor’s signature.

If you have any questions regarding the legislation and its impact on a specific lease, please contact Matt Westover at (703) 680-4664.

The full text of House Bill 2287 can be found here.

WaterWalk Corporate Lodging Facility Approved in Loudoun County

Posted on by The Land Lawyers

Loudoun County’s growing corporate presence has drawn the attention of an innovative new lodging company known as WaterWalk, which owns and operates a version of an extended stay hotel known as a corporate lodging facility. With the assistance of Walsh Colucci, WaterWalk recently gained approval of a special exception application to accommodate a 153-room, four-story corporate lodging facility on a 5.49-acre property within Commonwealth Center abutting Route 7 and Russell Branch Parkway. The property is located within walking distance of One Loudoun.

As a growing brand, WaterWalk is focusing its efforts in areas with high concentrations of corporate headquarters/Class “A” office markets, high relocation rates, and technical training – all of which require longer stays. As Loudoun County’s economy continues to add corporate workers throughout many diversified types of businesses, demand has increased for newer extended stay hotel concepts which combine the amenities of apartment living and the economics of an extended-stay hotel into one facility.

WaterWalk is composed of silver and gold packages that operate as one facility. The silver package is priced on a monthly basis and includes one, two, or three bedroom units which include all utilities, internet, local phone, gym membership, trash service, and television service. The gold package is priced on a daily basis and includes every item in the silver package plus a custom furniture and sleep package, kitchen, customized breakfast options delivered weekly, full service housekeeping, and access to a lounge that is open 24 hours a day.

The WaterWalk concept provides an alternative to the traditional model of corporate lodging – that is, where companies lease apartments, furnish them, and rent them to employees in order to control inventory. It is anticipated that companies using WaterWalk for their corporate lodging needs will find an added level of convenience and quality over other corporate lodging alternatives. This includes a national sales team and full support staff that are accessible and available on-site 24-hours a day for any guest needs, increased flexibility in lengths of stay, competitive pricing, and premier safety and security measures.

Recent Approvals in Prince William County

Posted on by The Land Lawyers

Learn about two recent approvals in Prince William County — a 56 executive-style home rezoning in the Brentsville Magisterial district, and a special use permit approval for the Mountcastle Turch Funeral Home.

Woodborne Preserve Rezoning

Pete Dolan and Jessica Pfeiffer worked with Equinox Investments on this rezoning from A-1, Agricultural, to SR-1, Semi-Rural Residential Cluster in the Brentsville Magisterial District. The rezoning allows for 56 homes to be constructed. The property, which is approximately 88 acres, is located along Thoroughfare Road between its intersections with Route 15 and Old Carolina Road. The proposal includes significant transportation improvements to Thoroughfare Road which, in parts, is a gravel road today. Other improvements which will prove to be a significant benefit to the community include a large conservation area encompassing nearly 40% of the site (34.2 acres), and more than a mile of trails and sidewalk connections both on-site and off-site. These amenities will continue the theme of environmental protection and public enjoyment along this western corridor of the County.

The Prince William Board of County Supervisors approved the rezoning on February 12, 2019. Numerous adjacent property owners, community members and Thoroughfare Road residents spoke in support of the rezoning.

Mountcastle Turch Special Use Permit Approval

Jonelle Cameron and Marian Harders worked with Mountcastle Turch Funeral Home and Crematory, Inc. (“Mountcastle Turch”) to obtain a special use permit to add a crematory to their Occoquan Road facility in Prince William County. Mountcastle Turch has been in operation at their Occoquan Road facility since 1963. Mountcastle Turch also operates a facility on Dale Boulevard which has handled the cremation services for both locations. Until recently, the Applicant only needed one crematory for both locations. However, the crematory services portion of the business has increased in the last few years. In fact, cremation is currently over 40% of the business.

On January 22, 2019, the Prince William Board of County Supervisors approved the special use permit. Approval of this special use permit application at the Occoquan Road location will allow for the Applicant to not only stay relevant in the cremation business but, more importantly, allow the Applicant to continue providing cremation services in the Prince William community.

Alexandria City Council Approves Redevelopment of the WMATA Bus Barn

Posted on by Brigitte Flores

On February 23, 2019, Alexandria City Council approved an application submitted by Trammell Crow Residential to allow the long-anticipated redevelopment of the WMATA Bus Barn located at 600 N. Royal Street.

Land Use attorneys Cathy Puskar and Bob Brant guided the Development Special Use Permit application through the development review process, coordinating with the development team, negotiating with City staff, and conducting significant community outreach.  The approval will allow the development of a 287 unit multifamily building located in the heart of Old Town North.  Cathy and Bob worked closely with the project design team and staff to ensure that the building is in alignment with the recently adopted Old Town North Small Area Plan (SAP) and the Old Town North Urban Design Standards and Guidelines, ultimately receiving the endorsement of the City’s Urban Design Advisory Committee.  The development will replace the aging industrial Bus Barn and surface parking lot with a vibrant residential building that is compatible with the surrounding neighborhood and consistent with the vision of the SAP.

The project will provide a number of benefits to the City, including the provision of twelve on-site affordable dwelling units, monetary contributions to the City’s Housing Trust Fund and Old Town North Streetscape and Open Space Fund, streetscape improvements and the implementation of “Green Streets” as recommended by the SAP, and the addition of at-grade open space.  This approval represents the culmination of nearly five years of community-driven planning for the Bus Barn, and is yet another step towards the transformation of Old Town North.

 

Matt Westover Sworn in to United States Supreme Court Bar

Posted on by The Land Lawyers

Congratulations to our very own Matt Westover who was sworn in as a member of the Bar of the United States Supreme Court earlier this month on a motion made by fellow Shareholder John Foote. Admission to the bar allows attorneys to, among other things, practice before the nation’s highest court. Admission is limited to attorneys who have been admitted to practice in a state’s highest court for at least three years and are in good standing with that court, were not the subject of any adverse disciplinary action during that period, appear to the Court to be of good moral and professional character, and are sponsored by two other members of the Bar of the Court.

Randy Minchew Is Optimistic About Prospects for Loudoun State Park

Posted on by The Land Lawyers

LoudounNow interviewed managing shareholder Randy Minchew about the land purchased for Loudoun’s planned state park. Randy said he is optimistic the General Assembly will sign off on the plan.

[EXCERPT]

Minchew Says Prospects for State Park Good

Randy Minchew, managing shareholder at the Leesburg office of law firm Walsh Colucci Lubeley & Walsh, helped put together the transactions that brought assembled 1,000 acres in Loudoun near Harpers Ferry. Now, he said, he is pushing his former colleagues in the state legislature to accept that land for a new state park. And he said he’s optimistic about the results. Currently, five lawmakers from each chamber of the General Assembly are behind closed doors hashing out the differences between their respective chambers’ versions of the state budget. Gov.Ralph Northam’s proposed budget included a line that would allow the state—at no cost—to accept land for a new state park in northwestern Loudoun. But the state Senate’s adopted budget bill did not include that line, throwing longstanding plans for a park in Loudoun into doubt. Read more

The Pitfalls of Joint Bank Accounts

Posted on by Brigitte Flores

The time has come to address one of my biggest pet peeves, because it is relevant year-round, and despite providing lectures to banks about all the pitfalls, they still allow their customers to establish joint accounts with someone other than their spouse.

Let me start by noting that a joint account with your spouse is fine; and in fact, preferred, in many respects. For instance, Virginia allows spouses to own property as Tenants By the Entireties (TBE), which is similar to joint with rights to survivorship titling, but it is only available to a married couple. By titling an account as TBE, the owners can take advantage of a simple (though not flawless) form of creditor protection. However, TBE titling with a spouse is not generally problematic; rather, it is titling an account with someone other than a spouse that can cause a number of problems.

In most cases, the scenario starts innocently. For example, an elderly person walks into a bank and tells the teller they want their daughter to sign checks on their behalf. Thereafter, the teller adds the daughter’s name to the account so she can sign checks. We now have a joint account, and the daughter is considered an owner of that account. In most cases, this joint account will also avoid probate, which is another objective of the elderly person. This all sounds great – after all, we just avoided probate and negated the need for a power of attorney, right?

Unfortunately, this is where things can start to go horribly wrong. After all, the daughter is now an owner of the account, so let’s consider a few scenarios:

What happens if the daughter is in a car accident and gets sued, or has other creditors?

The funds in the account are at risk since the daughter is now an owner. While it may be possible to get the funds discharged from the claim, doing so will require the assistance of an attorney, which can get very expensive.

What happens if the daughter withdraws funds from the account?

The daughter can withdraw funds at any time since she is an account owner. However, when she withdraws funds there may be a gift that either falls under the annual gift tax exemption of the parent, or requires the filing of a gift tax return.

What happens if the daughter’s spouse withdraws all the funds from the account using a power of attorney over daughter?

This could be done legitimately, or maliciously; but either way, the bank will honor the spouse’s power of attorney and allow the withdrawal. In addition to the gift tax concerns above, the elderly person will be left to sue the daughter’s spouse, and may or may not win that suit.

What happens if the parent has to qualify for Medicaid?

Joint accounts can impact Medicaid eligibility, as most states assume the applicant owns the entire account regardless of the number of names on the account. Transferring money out of the account may also be problematic, as it may fall within the look-back period for Medicaid disqualification.

What happens if the elderly person wants to close the account?

The co-owner of the account must execute the account closure paperwork.

These are just a few examples of how joint ownership of a checking, savings, or brokerage account can go horribly wrong. The good news is that it is relatively easy to avoid all these problems by using signature authority, a properly crafted power of attorney, or a trust. Granting signature authority on an account is simple at most banks, and it is free. While a grant of signature authority is not a perfect solution (signature authority terminates at the death of the account owner, and does not avoid probate), it is still a better option than joint titling. A properly crafted power of attorney or trust agreement can offer a much more comprehensive solution, but it can take some time and effort to ensure this is done correctly; and this is where a competent estate planning attorney can provide invaluable assistance.

Speaking to an attorney or accountant who is well-versed in tax law will help you make the right decisions for your business and personal real estate investments. To learn more, please visit our Estate Planning & Administration page, or call Chuck McWilliams at (703) 680-4664.