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Van Cleve, Gary A
Vossen, Joanna L
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“I have chaired our Real Estate Litigation practice group for 17 years, during which time our group has grown from two to eight attorneys. I am proud to lead this unique litigation practice group, which applies highly specialized knowledge and skills to today’s real estate and land use litigation problems.”

Gary A Van Cleve
Shareholder
p| 952-896-3277
f| 952-842-1720
Practice Description
The chair of Larkin Hoffman’s Real Estate Litigation practice group, Gary is a seasoned trial attorney and appellate advocate in all real estate-related litigation areas in state and federal court. He also has broad experience in alternative dispute resolution, including arbitration and mediation.  
Bar Admissions
Wisconsin, 1990
Minnesota, 1984
Iowa, 1980
U.S. District Court, District of Minnesota
U.S. Court of Appeals, 8th Circuit
U.S. District Court, Western District of Wisconsin
U.S. Court of Appeals, 7th Circuit
U.S. District Court, Northern District of Iowa

Professional Associations & Memberships
Larkin Hoffman Daly & Lindgren Ltd. 
     Chair, Real Estate Litigation Department
     Board of Directors, 2002-2008
Bloomington Sister City Organization Board Member
Medtronic Twin Cities Marathon Community Partners Committee
Larkin Hoffman MS 150 Team Captain for Team Larkin Hoffman, 2008 recipient of "Most Improved Team" award and 2008 recipient of inaugural Bike MS Cup

Education
University of Iowa College of Law, Iowa City, IA, 1980 J.D.
     Honors: With Distinction
University of Wisconsin, Madison, WI, 1977 B.A.
     Honors: With Honors

Certifications
Minnesota State Bar Association
      Board Certified Civil Trial Specialist 
      Board Certified Real Property Specialist
National Board of Trial Advocacy
     Certified Civil Trial Specialist

Past Employment Positions
Special Assistant Attorney General, State of Minnesota, 1983 - 1987
Law Clerk, Senior U.S. District Judge William C. Hanson, Northern and Southern Districts of Iowa, 1980- 1983

Honors
Super Lawyer,® Minnesota Law & Politics magazine, 2005-2010
     Top 40 Real Estate Lawyer, Minnesota Law & Politics magazine
Super Lawyer,® Super Lawyers Corporate Counsel Edition, Real Estate, 2009-2010

Speaking and Teaching Engagements
Guest Lecturer on Land Use and Litigation Issues, University of St. Thomas Law School
Lecturer on Special Assessment Appeals, Minnesota Real Estate Exchangors Association, June 2008
Lecturer on tenant's right to just compensation, "Unique Pitfalls of Real Estate Litigation," HCBA CLE, October 2008 
2008 Minnesota Real Estate Institute CLE Panelist, "2008 Land Use and Eminent Domain Update," November 2008
Lecturer, "Impact Fees and Exactions," Builders Association of the Twin Cities, November 2008
2009 Residential Real Estate Summit Panelist, "Legal Strategies in a Down Market", Topic:  "Are My Property Taxes Too High?"

Articles
"When Special Assessments Collide with Road Impact Fees: the Limits of Local Government's Legal Taxing Authority for Road Improvements", The Hennepin Lawyer, March 2009




Related Experience
Multi-Million Dollar Settlement Secured for Property Owner in Long-Running Special Assessment/Regulatory Taking Disputes with City of Rochester
After five years of litigation, Gary Van Cleve and Rob Stefonowicz successfully settled two lawsuits on behalf of property owner/client Frank Kottschade against the City of Rochester that will result in Kottschade recovering over $5.6 million in cash and development benefits.

City Noise Ordinances Citations Dismissed
Real Estate Litigation attorneys help a bar owner whose operation was imposed upon by city noise ordinances that were dismissed as unconstitutionally vague, encouraged arbitrary enforcement, and impermissibly conflicted with state law.

Successful Ruling Against Franchisee's Damage Claim in Condemnation Case
When BP Products, North America, faced a franchisee's claim for damages arising from eminent-domain proceedings, BP contacted Larkin Hoffman.

Litigation Opposing Land Development Fees
Larkin Hoffman forces settlement from a city on claims of violations of state law and breach of contract arising out of development approvals to which the city sought to attach substantial lot development fees.

Accountability for Timely City Zoning Requests
Developers turn to Larkin Hoffman for representation when in need of timely approval of municipal zoning requests involving application of Minnesota's 60-Day Rule.

Appeal of Special Assessments for Public Improvements
Homeowners turn to Larkin Hoffman to represent them in special assessment appeals.

Response to Residential/Golf Course Development Fraud Lawsuit
The developer of a major residential/golf course relies on Larkin Hoffman to aggressively respond to a lawsuit from purchasers alleging fraud in the inducement with respect to their lot acquisitions.

Cellular Tower Litigation
A national wireless phone company turns to Larkin Hoffman's telecommunications team in pursuing a conditional use permit for a new wireless telecommunications tower.

Mortgage Fraud and Flipping
Larkin Hoffman defends a national title insurance company in federal court in connection with a mortgage fraud and flipping scheme.

Commercial Leasing Dispute
Larkin Hoffman Real Estate Litigation team defends a super-regional shopping mall in connection with claims it misrepresented estimated real estate taxes in its commercial lease. 

Conditional Use Permit
Larkin Hoffman pursues conditional use permit for a new telecommunications tower on behalf of a national wireless phone company. 

Natural Resources Common Law Negligence
Larkin Hoffman succeeds in establishing new law in the area of common law negligence.

         

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