Firm / Organisation

Clark Wardle

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This content is provided by Clark Wardle.

Managing Partner: T. Hethe Clark
Number of Partners: 2
Number of Lawyers: 4
Languages: English, Portuguese, Czech, French

Firm Overview:
Clark Wardle is a real estate focused boutique in Boise, Idaho. The firm offers a full range of transactional and litigation real estate services, including acquisition, disposition, entitlement, finance, construction, and ongoing operation of real property. Representing both commercial and residential developers, the firm’s clients range from small closely held family companies to large regional developers.

Main Areas of Practice:
Land Use:

• Regularly appear before city and county boards and committees on behalf of private property owners in obtaining approvals and permits for their developments
• Successfully defended county approvals obtained for power plant client in challenge before the Idaho Supreme Court
• Repeatedly defended resort community’s land use decisions before the Idaho Supreme Court
• Representation of telecommunications providers in licensing and entitlement of their facilities
• Serve as special land use counsel to cities and counties in various local land use matters in review and drafting of ordinances, defense of municipal actions, and acting as expert consultants on municipal law issues

Residential Development:
• Partners have represented large master planned community developers in their approvals, development and management, including Harris Ranch, Dry Creek Ranch, and Mace River Ranch
• Representation of residential clients in development of infill developments
• Preparation of restrictive and operational covenants for all types of residential communities, including representation of owners associations  

Commercial Development:
• Representation of Gardner Company in developing City Center Plaza, a mixed use commercial project in Boise including spaces for a transit center, convention center expansion, Boise State University Computer Science Department, retail development
• Representation of Gardner Company and Ball Ventures in developing Pioneer Crossing, a hotel, restaurant, office parking garage development
• Representation of clients in condominiumizing mixed use developments
• Representation of commercial property owners in various building code and standard matters before public agencies
• Representation of alcoholic beverage licenses in acquisition and regulatory matters

Finance:
• Represented a private investment group and health care provider joint venture in acquiring and in financing $100M acquisition of a corporate campus
• Successful representation of foreclosing lender in defense of a trustees sale before the Idaho Supreme Court
• Represented multifamily residential ownership group in financing and refinancing of Freddie Mac multifamily loans
• Representation of clients in construction finance and permanent finance of new commercial and multifamily developments

Litigation:
• Successfully represented a property owner in opposing designation of private ranch road as a public highway at all levels and proceedings, ultimately prevailing at the Idaho Supreme Court
• Regularly represent private property owners in judicial review proceedings
• Representation of construction clients in all facets of construction litigation
• Regularly represent clients in various title matters, including lenders, property owners, and title companies, defending and prosecuting title claims

Transportation:
• Representation of commercial developers in financing transportation improvements through sales tax anticipation finance, public private partnerships, and joint development arrangements
• Regular negotiation of exaction agreements, impact fee deferral agreements, development and reimbursement agreements with state and local transportation entities on behalf of development clients
• Representation of financial services company whose call center was adversely affected by a condemnation for federal highway project in obtaining just compensation
• Representation of clients facing condemnation of rights of way by public entities

Key Clients: M3 Companies, Harris Ranch, Gardner Company, BVA Development, Wali Investments, Saltzer Medical Group, Alturas Capital Partners, The Westpark Company