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A. Kimberly Hoffman

Partner T: 302.888.5209 F: 302.571.1750
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Overview
Recent Matters
News & Events
Publications

Kimberly Hoffman uses her twenty-plus years of experience to serve as lead counsel in real estate, healthcare and government relations matters. She has assisted clients with strategic planning, legislation, documentation, and formal proceedings before courts, federal, state, and local agencies, including Congress.  She is the only Delaware attorney recognized as a Top Lawyer by Delaware Today in the areas of both Zoning and Healthcare law.

Kimberly represents a diverse group of businesses and high-net worth individuals, including publicly traded companies, physician groups, health care IT providers, developers and construction companies, schools, telecommunications carriers, banks, churches, and investors. She project manages multifaceted legal matters including the transaction, government approvals and related litigation, including acquisition, financing, leasing, licensure and procurement, often acting as lead or local counsel in multi-state transactions. In addition to her front-end loan work for lenders, in the workout context, she advises on environmental issues, zoning permits and approvals during property disposition, and in pursuing foreclosure and similar remedies. Kimberly chairs the firm’s land use practice, heads the multi-disciplinary Morris James Healthcare Team, and edits the team's blog, delawarehealthcareindustryblog.com.

Chambers USA - America’s Leading Lawyers for Business has recognized Kimberly as a notable practitioner every year since 2007, noting in its commentary based on client interviews, that Kimberly "is extremely responsive, day and night," is described as a "top person" for land use regulation and zoning matters,” and "commended by clients for her ability in complex zoning law issues." Clients applaud her for understanding "not only the law itself, but also how individual federal, state and local agencies apply it in practice." Clients also recognize her "fine technical background and her expertise in complex zoning issues."




Experience

  • National coordinating counsel for disposition of 43 industrial plant sites to a subsidiary corporation
  • Closing on financing for 80 unit tax credit apartment complex
  • Approval of in-patient hospice and rehabilitation facilities
  • Zoning opinions supporting funding of a green energy transaction and refinance of a redeveloped shopping center
  • Certiorari appeals of Board of Adjustment and Planning Board decisions
  • Represented national builder with multiple drainage violation notices, resolving matter without fines or penalties being levied
  • Negotiated favorable resolution of boundary line dispute with railroad
  • Challenged deed restriction validity in court and achieved settlement enabling desired new use of high rise
  • Settlement of malpractice actions against surveyors/engineers for fraction of alleged liability
  • Ongoing creation, acquisition, and lease of numerous medical condominiums and free-standing facilities
  • Successfully negotiated and documented solar farm lease
  • Ongoing guidance to regional bank on environmental liabilities in workout context
  • Represented bank in transaction secured by government health care receivables
  • Subdivided numerous rural and urban lands into residential lots
  • Foreclosed on hotel property for lender
  • Real estate tax appeal resulting in $1,000,000 reduction assessed value
  • Represent national wireless communications providers in leasing and government relations matters
  • Strategic redevelopment of environmentally contaminated properties through the Brownfield's Development Program
  • Created and executed social media strategies in support of land use matters

Professional Affiliations

Delaware State Bar Association
Florida Bar Association
District of Columbia Bar Association
Delaware Licensed Title Insurance Agent
American Bar Association
Delaware Democratic Party, 12th Representative District Chair

Community Affiliations

State Law Resources, Board of Directors
12th RD Democratic Committee Chair, New Castle County
Delaware Business Roundtable, Member
Delaware Alumnae Chair for Bryn Mawr College
American Diabetes Association, Executive Committee of Delmar Community Leadership Board
Previous New Castle County Habitat for Humanity, Board of Directors
Previous East Side Charter School, Board of Directors
Previous Prevent Child Abuse Delaware, Board of Directors

Recent Matters

Transaction

National coordinating counsel for conveyance of 43 industrial plant sites as part of a spin-off transaction, where challenges included environmental issues and decades of unrecorded easements, options, and other relevant documents to be gathered and reviewed. 

Litigation
Obtained Writ of Mandamus requiring County to issue building permits based on 1982 subdivision plan

Variances and Building Code
Devised and implemented strategy for resolving over 700 building code violations; obtained waiver from local building code requirements regarding hotel stair tower width preventing tear-down and reconstruction of existing tower; obtained relief from dimensional zoning laws such as lot coverage ratio, riparian buffer, and setback requirements for illegally constructed commercial property from Board of Adjustment; obtained title to hotel property through negotiated bankruptcy stipulation after borrower’s default under construction loan and initiation of foreclosure proceedings for lender client, leading to final land use approval and opening of hotel for business

Default/Workout Situation
Obtained title to hotel for lender after negotiated bankruptcy where local government issued stop work order on hotel project and borrower both declared bankruptcy and sued the local zoning authority in Chancery Court; advised foreclosing lender on strategy to obtain zoning and building code approvals to increase value of asset

Residential Subdivision
Approval of 84-lot community in Bear, Delaware including hearings on the plan, drafting common area maintenance agreements, resolving disputes with the Delaware Department of Transportation regarding contribution to transportation improvements, and obtaining an easement on adjoining parcel for storm water improvements

Environmental
Advised Lender regarding environmental duties under Delaware and Federal law when disposing of properties containing a landfill and other with newly discovered contamination

Acquisition
Restructured debt on multiple condominium units and acquired the same for a private lender by deed-in-lieu of foreclosure; advised majority owner on turnover and liability issues related to condominium

Healthcare

Secured financing for credit line with proceeds from government health care contract.

Legislative

Devise and execute strategy for allowing cellular equipment within state right-of-way.

News & Media Mentions

Kimberly has been ranked as a leading business lawyer by Chambers USA since 2007. Clients interviewed by Chambers applaud her for understanding "not only the law itself, but also how individual federal, state and local agencies apply it in practice." In 2013 she was praised again by Chambers for her "fine technical background."

Practice areas

Honors

Delaware Today® Top Lawyers, 2016, Land Use-Zoning (top vote-getter) and Healthcare Law

Fellow of the American Bar Foundation

Delaware Today® Top Lawyers, 2014-2015

Chambers USA, Recognized for Real Estate: Zoning/Land Use, 2007 - 2017. Recognized as "extremely responsive, day and night," and is described as a "top person" for land use regulation and zoning matters.  Named as one of "America's Notable Lawyers in Land Use and Zoning"  

Beverly McLear Scholar of Land Use and Environmental Law

Admissions

Delaware, 1998

District of Columbia, 1998

Florida, 1996

Education

Florida State University College of Law, J.D., High Honors, 1996

Bryn Mawr College, B.A., 1990