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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 advises and represents clients primarily on commercial real estate transactions and government relations matters, with an emphasis on land use, health care and environmental issues. She has assisted clients with strategic planning, legislative matters, and formal proceedings before courts, federal, state, and local agencies, including Congress.

Kimberly represents a diverse group of local and national developers, property owners, and institutions. Her representative client list includes publicly traded companies, physician groups, health care IT providers, builders, casinos, schools, telecommunications carriers, banks, churches, investors, and individuals. She project manages multifaceted legal matters including the transaction, government approvals and related litigation, including acquisition, financing, leasing, licensure and procurement, and acts as local counsel in multi-state transactions. In the workout context, she advises lenders and investors 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 (2012) noted that Kimberly "is extremely responsive, day and night," and is described as a "top person" for land use regulation and zoning matters. In 2011, Chambers USA reported that Kimberly "is 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." Kimberly has been listed as a leading land use lawyer by Chambers USA since 2007 and has been recognized again in 2014. In 2013 she was praised in her profile for her "fine technical background and her expertise in complex zoning issues."


Experience

  • 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 highrise
  • 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
  • Restructured real estate equity provider’s portfolio
  • 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
  • Represented national wireless communications provider in lease of fire company’s tower and zoning approval of installed equipment
  • 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
Delaware Business Roundtable, Member
American Diabetes Association – Delaware, Father of the Year Committee 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

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

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

Delaware Today® Top Lawyers, 2014-2015

Chambers USA, Recognized for Real Estate: Zoning/Land Use, 2007 - 2016. 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