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 is the chair of the firm’s Technology Committee.