Kimberly Hoffman uses her 20+ years of experience to serve as lead counsel in transactional real estate, land use, regulatory and government relations matters.

Her administrative law experience extends to healthcare, energy, environmental, and transportation matters. She is the only Delaware attorney who has been recognized as a Top Lawyer™ by Delaware Today in the areas of transactional real estate, zoning and healthcare law. She has also been recognized as a notable practitioner by Chambers USA since 2007.  Kimberly chairs the firm’s land use practice.

Kimberly represents a diverse group of businesses and high-net-worth individuals, including local and national developers, publicly traded companies, manufacturers, railroads, title companies, physician groups, clinics, green energy producers, banks, and equity investors. She handles multifaceted legal matters including due diligence, contracts, conveyancing, title, government approvals and related litigation, including acquisition, financing, leasing, licensure, and procurement, often acting as lead or local counsel in multi-state transactions. She also advises on the environmental aspects of land acquisition and development and gives zoning opinions.

The scope of Kimberly’s practice includes commercial closings, as well as matters before Delaware courts, state agencies such as the Public Service Commission, Department of Resources and Environmental Control, Public Integrity Commission, the Delaware General Assembly, Office of State Planning Coordination, the Division of Revenue, the Delaware Health Care Commission, the State Fire Marshall, the Department of Transportation, all Delaware counties, and municipalities including the City of Wilmington, Newark, Millsboro, Rehoboth and others.  She also handles federal matters.

Chambers USA had noted 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.”

Kim has served as the Chair of the Delaware Board of Directors for the American Heart Association (AHA) since 2023, previously chairing the 2019 Go Red for Women and contributing to the 2023 Heart Ball Executive Leadership Team. Actively engaged since 2016, her commitment to AHA aligns with her dedication to fostering heart health and community well-being. She is also active in local politics, and every other year, joins other members of the Delaware Bar and judiciary to spoof themselves in a musical to raise money to benefit legal aid.

Click here to learn more about her involvement with AHA.

Experience
  • Evaluate and advise on community solar portfolio permitting status to support sale
  • Regional counsel for assisted living and memory care provider challenging validity of local zoning codes under the Fair Housing Act, Americans with Disabilities Act, and Religious Land Use and Institutionalized Person's Act
  • 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
  • Issue zoning opinions supporting funding of a green energy transactions and refinance of a redeveloped shopping center
  • Certiorari appeals of Board of Adjustment and Planning Board decisions
  • Challenged deed restriction validity in court and achieved settlement enabling desired new high rise use
  • 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 numerous solar farm leases
  • Provided 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
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 New Castle 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 Delaware 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 national office/warehouse on acquisition and development of former automobile manufacturing plant under national cleanup trust, including Delaware Brownfield agreement.

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

Obtained changes in dental licensure requirements to benefit Federally Qualified Health Centers

Engaged in the Community

  • 12th RD Democratic Committee Chair, New Castle County
  • Delaware Business Roundtable, Member
  • Delaware Alumnae Chair for Bryn Mawr College
  • American Heart Association, Chair of the Delaware Board of Directors
  • 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
Honors
  • Best Lawyers, 2021 - Present
  • Delaware Today Top Lawyers
    • 2019, Healthcare Law
    • 2018, Healthcare Law, Government Contracts, Government Affairs
    • 2017, Healthcare Law
    • 2016, Healthcare Law and Top Vote-Getter in Land Use-Zoning
    • 2016, Healthcare Law
    • 2015, Land Use-Zoning
    • 2014, Top Vote-Getter in Land Use-Zoning
  • Chambers USA, Recognized for Real Estate: Zoning/Land Use, 2007 - Present. 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

Services

Admissions

  • Delaware, 1998
  • District of Columbia, 1998
  • Florida, 1996

Education

  • Florida State University College of Law, JD, High Honors, 1996
  • Bryn Mawr College, BA, 1990

Professional Affiliations

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