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Theodore J. Novak  


Partner
Chair, Land Use, Development and Government Relations Practice

theodore.novak@dlapiper.com

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203 North LaSalle Street, Suite 1900
Chicago, Illinois 60601-1293
United States
T: +1 312 368 4037   F: +1 312 630 7398

Theodore J. Novak is a senior partner in DLA Piper's Real Estate group. He is chair of DLA Piper's Land Use, Development and Government Relations practice and for 25 years has been involved in DLA Piper's Management and Policy Committees. Mr. Novak is one of the country's most highly regarded real estate and land use attorneys. He is the only member of the American College of Real Estate Lawyers in the Midwest who concentrates on land use, development, public incentive and condemnation matters.

With more than 35 years of experience, Mr. Novak has been instrumental in the acquisition, disposition, condemnation, rezoning and development of all types of property. Mr. Novak has had extensive experience with administrative, legislative and judicial processes. He has extensive litigation experience in trial courts and has argued before the Illinois Supreme and Appellate Courts on numerous occasions. He has handled some of the most significant and controversial real estate and land use projects in the Midwest.

In 2011, the Chicago Sun-Times reported that a zoning deal concerning plans to develop the old Lincoln Park Hospital site in Chicago had won initial approval from the Chicago Plan Commission despite aldermanic opposition. Reporter Dave Roeder noted, "As a historical note, this project is the third example of a zoning deal winning initial approval despite aldermanic opposition. The only other recent case was the proposal, yet unrealized, for a Chicago Children's Museum in Grant Park. The zoning lawyer for that deal and the Lincoln Park Hospital site is Ted Novak of the firm DLA Piper. Other zoning lawyers probably wish he would bottle his secrets and sell them."

Leading international legal publishers consistently rank Mr. Novak among the top lawyers in his profession. The Global Counsel Corporate Real Estate Handbook, which ranked DLA Piper the leading real estate practice in the US, said of Mr. Novak: a "premier figure for land use, development and zoning, he is considered a first port of call for the most complex issues." Chambers USA: America's Leading Lawyers for Business, published by the respected English research firm Chambers and Partners, repeatedly lists him in the top tier of America's leading lawyers. Chambers has described Mr. Novak as a "superstar," "the guru of land use" and "one of Chicago's top practitioners" and quotes clients praising his "diplomatic approach" and deeming him a "creative, bright and peerless attorney" who is a "zoning expert." In 2011, Chambers ranked Mr. Novak in Band 1, its top ranking, for both his Real Estate and his Real Estate - Zoning and Land Use practices. Legal 500 named him as "recommended" for his practice in Real estate and construction - Land use/zoning.

In 2010, Mr. Novak received the Finance Monthly Global Award for Achievement, in recognition of his exceptional performance during the most difficult period that the global economy has experienced for decades.

In 2012, the Leading Lawyers Network named Mr. Novak to two of its Top Ten Lawyers lists, recognizing him among the Top Ten land use and zoning lawyers in Illinois and among the state's Top Ten real estate lawyers. He has repeatedly been named among the Top 100 Leading Lawyers in Illinois and listed among the Top 100 Illinois Super Lawyers. Mr. Novak has also been recognized numerous times in the Guide to the World's Leading Real Estate Lawyers, The Best Lawyers in America, the International Who's Who of Real Estate Lawyers and the International Who's Who of Business Lawyers. He has been named one of the Lawdragon 500 Dealmakers in America.

In 2007, Mr. Novak was honored with the Judge Learned Hand award. Named in memory of one of America's greatest jurists and humanitarians, the award is given annually by the American Jewish Committee to outstanding leaders of the legal profession who have been voices of understanding and good will. Mr. Novak also is known as a teacher and author in the field of real estate law.

Mr. Novak's client list is extensive and includes the largest stock exchange listed companies as well as individual property owners and developers.

Representative Development Projects

  • Representation of Chicago Lakeside Development, LLC in all legal matters related to the redevelopment of the 500-acre former US Steel Southworks Plant site, including work related to acquisition of the site from US Steel, private financing, zoning and land use entitlements, approval of public roadways and other infrastructure, and public financing and incentives to be obtained from federal, state and local sources. In addition, this representation includes structuring and negotiating a joint venture agreement to create the development entity that ultimately will redevelop the site. The site is the biggest remaining undeveloped parcel of land in the City of Chicago.
  • Advised Chicago 2016 Olympic Committee on zoning and land use, public financing and land acquisition matters.
  • Representation of a prominent developer in obtaining all zoning and land use approvals for a major condominium-hotel at Wabash Avenue and the Chicago River that is the fourth tallest high-rise in Chicago (1m125 feet). The 2.4 million square foot development includes office, condominium, retail and significant open space and public plaza components. In addition, DLA Piper represented the developer in all attendant real estate matters.
  • Representation of American Invsco and MB Realty in zoning and land use approvals for the redevelopment of the former three-acre Columbus Hospital site at 2520 North Lakeview, Chicago, with a 780,000 square foot residential luxury high-rise and townhome development. Our work involved extensive negotiations with more than 11,000 objectors, among them a multitude of condominium associations and community and civic groups represented by three law firms. Negotiations ultimately arrived at an unprecedented consensus development approval. We are representing the developer in all attendant real estate matters for the project.
  • Representation of The Latin School of Chicago in obtaining multi-site planned unit development and lakefront protection district approvals from the City of Chicago to facilitate the school's development of a new middle school building in the Gold Coast neighborhood. The project faced extensive community opposition. To achieve approvals, we successfully addressed many competing concerns and complex neighborhood issues to arrive at a consensus solution for the development.
  • Representation of The Boeing Company and Boeing Realty Corporation in the relocation of Boeing's world corporate headquarters from Seattle to Chicago. DLA Piper handled real estate matters arising during the site review and evaluation process conducted by the company while scouting potential locations in Chicago, Dallas and Denver, then represented Boeing in lease negotiations for the building that was finally selected in Chicago. We also represented Boeing in analyzing the public sector financing and governmental incentive packages that Chicago, Dallas and Denver offered to Boeing and in the negotiation, drafting and execution of agreements memorializing the governmental incentive packages offered by the City of Chicago, the State of Illinois and other local governmental agencies.

Teaching

  • 2000 - present: Lecturer at University of Chicago Law School, "Land Use, Zoning and Condemnation"
  • 1998 - 2010: Adjunct Professor at Northwestern University School of Law "Land Use, Zoning and Condemnation"

Admissions

  • Colorado
  • Illinois
  • United States District Court for the Northern District of Illinois

Memberships

Past and Present
  • American Bar Association
  • Illinois State Bar Association
  • Chicago Bar Association
  • Lambda Alpha International, Ely Chapter (an honorary Land Economics Society)
  • LaSalle Street Council
  • Chicago Development Council
  • Urban Land Institute
  • American College of Real Estate Lawyers
  • Metropolitan Planning Council, Executive Advisor
  • The Economic Club of Chicago

Seminars

Among the numerous presentations and seminars Mr. Novak has led are these:
  • "Designing the 21st Century," Counselors of Real Estate, Chicago, Illinois (April 2008)
  • "The Public Use Requirement: Revitalizing the Community or Benefit to Private Interests?" and "Regulatory Takings: Lingle and the Substantive Law," CLE International Seminar on Eminent Domain, Chicago, Illinois (November 2005)

Civic and Charitable

Past and Present
  • Academy of Sciences/Peggy Notebaert Nature Museum, Board of Trustees
  • Metropolitan Planning Council, Executive Advisor
  • Children's Memorial Hospital, Board of Directors


EDUCATION

  • J.D., Chicago-Kent College of Law, Illinois Institute of Technology 1967
  • B.S., University of Illinois at Chicago 1962

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