Bill E. Kyriagis

Shareholder
Phone
303.575.7506
Email
bkyriagis@ottenjohnson.com
Assistant
Sandy Boyer, 303.575.7553

Overview

Bill Kyriagis represents real estate and business clients in litigation, land use and bankruptcy matters. While Bill has experience with a broad spectrum of commercial litigation, he focuses primarily on real estate, land use and development disputes.  This specialization compliments the firm’s core strength on the transactional side of real estate and land use law.

In the land use arena, Bill counsels clients in connection with contested approvals, helping posture cases for litigation, and prosecuting and defending challenges to local land use approvals, whether under Rule 106(a)(4) or involving other claims.  He has litigated issues relating to annexation and development agreements, and understands the complexities and interests involved when litigating with governmental entities.  Bill also has experience litigating constitutional issues in the land use context, including the assertion of First Amendment claims to challenge local land use regulation.

Bill handles complex real estate and development disputes for property owners, developers and lenders as well.  This includes purchase and sale disputes; boundary, easement and encroachment issues; adverse possession and prescriptive easement claims; landlord/tenant disputes, and title and title insurance issues.  He also works on disputes involving owners’ associations (HOAs, etc.), and understands both the legal issues involving Colorado’s Common Interest Ownership Act (CCIOA), and the practicalities of dealing with these bodies.  Bill regularly represents lenders in connection with disputes relating to commercial real estate-backed loans, including collection/deficiency actions, receiverships, lien litigation, and bankruptcy.

Condemnation/eminent domain is another core component of Bill’s practice.  He has significant experience representing landowners, and ensuring that they receive the full amount of just compensation that is due to them when the government acquires their properties.  Bill is well versed in the legal authority issues relevant to the exercise of condemnation power, and also understands complex valuation issues, particularly as they relate to unique properties.  In recent years, Bill has represented landowners on major condemnations for the expansion of RTD’s rail line, including the owner of Coors Field and the owner of the National Western Stock Show Complex.  Though a less significant part of his practice, Bill also represents certain governmental entities on condemnation matters.

Bill also has significant experience with special district litigation.  There are thousands of special districts in Colorado, including metropolitan districts, water and sanitation districts, fire districts, and others.  Metropolitan districts, in particular, are involved in financing hundreds of millions of dollars in public infrastructure throughout the state.  These entities are a major presence in Colorado, and Bill understands the legal issues surrounding their creation, operation and use.  In the finance context, Bill successfully represented a lender in a mandamus action to enforce a metropolitan district’s obligation to impose a mill levy to service an $18 million loan, in one of the first, if not the only, cases of its kind in Colorado.  Bill also represents property owners and developers on special district issues, including reimbursement issues, and interactions with other local governments.

Bill has also developed expertise regarding the issues faced by landlords and property owners related to Colorado’s regulated marijuana industry, and is a regular speaker and author on these topics.

Specialty Practice: Medical Marijuana and Amendment 64 

As Colorado’s medical marijuana industry has evolved, Bill Kyriagis has been on the forefront of the unique issues confronted by landlords, property owners and local governments in connection with medical marijuana dispensaries and grow operations. Bill has given multiple presentations on Colorado and national medical marijuana issues, including at a 2011 national American Bar Association conference.  Bill has advised local and national clients on medical marijuana issues, and has provided counsel on Colorado-specific medical marijuana leasing issues. He also recently co-authored a chapter on land use issues in a forthcoming book on Colorado medical marijuana law.

In November of 2012, Colorado became one of two states to pass a ballot initiative aimed at decriminalizing and regulating the recreational use of marijuana by adults.  Colorado’s Amendment 64 raises a host of complex legal, political and economic issues that Colorado and federal authorities will be addressing in the coming months.  The potential for significant new demand for retail and industrial space also presents both opportunities and risks for the real estate industry.  Bill has been closely following developments surrounding Colorado’s Amendment 64, and will be writing and speaking about these issues as Colorado moves forward with its efforts to create a regulated market for marijuana.

Bill currently serves on the firm’s Technology Committee.  

Practice Areas

Industries Served

Publications

  • Speaker: 21st Annual Land Use Law Conference, December 4, 2015: Planning by Litigation: Is it the New Norm and Does it Have to Be?
  • Speaker: Medicolegal Aspects of Marijuana, December 4, 2015: Real Estate and Land Use Issues
  • Interview: CRE Radio and TV, November 11, 2015: Critical Issues Leasing to Marijuana Business https://blab.im/cre-radio-tv-critical-issues-leasing-to-marijuana-businesses
  • Speaker: Colorado Bar Association - Annual Legislative Update, June 10, 2015: Real Estate Update
  • Speaker: Colorado Bar Association - Annual Case Law Update, January 14, 2015: Real Estate Update
  • Speaker: Foreclosure Law - All the Latest and Greatest, May 8, 2015: Deeds in Lieu of Foreclosure and Workouts
  • Speaker: Eminent Domain CLE, Denver, CO, April 24, 2015: Marijuana in Eminent Domain
  • Speaker: Recreational Marijuana CLE, Denver, CO, April 20, 2015: Real Estate and Land Use Issues
  • Contributing Author: Chapter 11-Land Use, Real Estate, Landlord/Tenant and HOA Issues, in Medicolegal Aspects of Marijuana Colorado Edition, edited by Jay M. Tiftickjian (2015)
  • Otten Johnson Alert: Marijuana Continues to be a Factor in Colorado (February 2015)
  • Speaker: Land Use Law: How-To CLE, Denver, CO, December 12, 2014: Rule 106 Challenges
  • Speaker: Recreational Marijuana CLE, Denver, CO, June 20, 2014: Real Estate Issues Relating to the Marijuana Industry
  • Speaker: Medical Marijuana in Illinois, Chicago, IL, June 13, 2014: Real Estate Issues Relating to the Marijuana Industry
  • Speaker: Rocky Mountain Land Use Institute, The Dynamics of the Land Use Case: Elements, Strategy & Presentation Seminar, March 12, 2014, When It All Goes Wrong: After-The-Fact-Challenges
  • Otten Johnson Alert: With Retail Marijuana a Reality, Some Considerations for Business (January 2014)
  • Otten Johnson Alert: Hot Topics in Land Use: Land Development in Colorado Today (September 2013)
  • Speaker: CREJ Land & Development Conference & Expo, Rule 106: Your Project is Approved, But Can You Move Forward?, September 17, 2013
  • Author: Amendment 64: What Property Owners, Managers Should Know, Colorado Real Estate Journal, September 4, 2013
  • Otten Johnson Alert: Amendment 64: Retail Marijuana Businesses on the Horizon (August 2013)
  • Speaker:  Real Estate Issues Related to Marijuana, CLE Amendment 64 Conference, August 12, 2013
  • Author: New Pot Laws Await Fed Response, Law Week Colorado, June 3, 2013
  • Author: Federal Implications of Amendment 64 Looming, Law Week Colorado, December 3, 2012
  • Speaker: Colorado Medical Marijuana Law, Rocky Mountain Paralegal Association Lunch and Learn, October 25, 2012
  • Speaker: CREJ Office & Industrial Summit, Industrial Legal Update - Medical Marijuana, September 6, 2012
  • Contributing Author: Chapter 5-Land Use Regulation of Medical Marijuana Facilities, in Colorado Medical Marijuana Law by Ann Toney, JD (2012)
  • Speaker: Medical Marijuana Issues, CLE Land Use Conference, December 1-2, 2011
  • Otten Johnson Alert: Colorado Real Property Tax Appeals (July 2011)
  • Speaker: Colorado Medical Marijuana Laws, Kaplan College, Thornton, Colorado, June 14, 2011
  • Speaker: Medical Marijuana Land Use Issues, ABA Section of State and Local Government - National Conference, Portland, Oregon, May 12, 2011
  • Quoted in ABA Journal Law News Now article, Medical Marijuana is No Get-Rich-Quick Scheme, December 1, 2010
  • Speaker: Rocky Mountain Paralegal Association - Overview of Medical Marijuana Law, September 30, 2010
  • Speaker: Legal Regulatory and Land Use-Medical Marijuana and Other Hot Topics, Colorado Real Estate Journal Industrial Owners & Managers Conference & Expo, September 15, 2010

Awards & Involvement

  • Colorado Super Lawyers List-Rising Star (2012-2014)
  • Impact Denver (2011)
  • John D. Fleming and Charles J. Kelly Memorial Scholarship for 2006-2007
  • Chief Justice Luis D. Rovira Scholarship for 2006-2007
  • Chief Justice Francis J. Knauss and Emma Gurr Knauss Scholarship for 2005-2006
  • Bernard J. Seeman Scholarship for 2004-2005
  • "AV" Preeminent rating from Martindale-Hubbell

Jurisdiction

  • State of Colorado
  • U.S. District Court for the District of Colorado
  • Colorado Bar Association 
  • Denver Bar Association

Education

  • J.D., University of Colorado Law School (2007); Order of the Coif; Associate Editor, University of Colorado Law Review
  • B.A., University of Wisconsin-Madison (2004); With distinction; Phi Beta Kappa