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Irving S. Firman
Mr. Firman concentrates his practice in the area of land use, zoning, and
real estate litigation. Prior to joining Tucker Arensberg, P.C., Mr. Firman
served as in house counsel to the Housing Authority of the City of Pittsburgh.
He has represented land owners and developers before Planning Commissions,
Zoning Hearing Boards, Governing Bodies, administrative agencies and the Court
of Common Pleas. In addition, Mr. Firman has served as counsel to numerous food
service and restaurant corporations. His broad range of experience allows him to
apply creative and practical approaches in order to resolve issues in a timely
and cost effective manner.
Land Use and Zoning: Mr. Firman works with land owners and developers to
meet their goals that lead to Project completion. Examples of specific cases in
this area include:
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Mr. Firman represented a developer in a
municipality which was openly hostile to the Project. The developer wanted to
construct a facility that the municipality claimed was a conditional use which
would require a public hearing and would take at least nine months for a
decision. Mr. Firman worked with the Developer to set forth facts in order to
classify the use as a permitted use. Mr. Firman filed an action in mandamus
and was able to obtain the applicable permits within 40 days from the filing
of the action. Additionally, the municipality was ordered to pay counsel fees
to the client.
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Another client
sought to construct a medical office building but was unable to meet zoning
requirements. Mr. Firman worked with the developer, the municipality and the
community and presented the Project in a non-threatening way thereby obtaining
the approval with virtually no opposition.
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Mr. Firman
represented a prominent non-profit corporation in its expansion of its
operation in downtown Pittsburgh. The client sought to consolidate its
business operations from 2 separate locations into single use building. The
client required the Pittsburgh City Council to enact an amendment to the
Zoning Ordinance which would meet the client's needs. Mr. Firman worked with
the client and the City's elected officials to obtain a temporary solution and
was able to obtain all necessary approvals permits from the City. The Client
now owns and operates their programs in their own 8 story building.
Real Estate Litigation and Negotiations
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Mr. Firman
successfully defended a Fortune 500 Company in real estate title issue. The
case hinged on whether language in a deed created a fee simple determinable or
a fee simple with condition subsequent. Mr. Firman was able to explain this
complicated issue to the Trial Court and successfully obtained a Motion for
Judgment on the Pleadings which saved the client the significant cost of
discovery and a trial
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Mr. Firman has
obtained injunctive relief for clients with regards to the use and control of
their property. A client had a problem with an industrial/commercial tenant:
the tenant refused to comply with certain key lease provisions. Mr. Firman
attempted to resolve the issue amicably, but the tenant would not cooperate.
After a 3 day injunction proceeding initiated by the client, the trial court
ordered the tenant to comply with all of the requested terms and conditions of
the lease. The tenant immediately complied with the Court's Order
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Mr. Firman's
background in litigation makes him an excellent negotiator of leases and other
real estate agreements. He has negotiated favorable agreements on behalf of
clients ranging from small business owners to large non-profit organizations.
Court Admissions
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U.S.
Court of Appeals for the Third Circuit
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U.S. District Court for the Western District of Pennsylvania
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Supreme Court of Pennsylvania
Professional Associations
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Allegheny County Bar Association
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National Association of Industrial and Office Property (NAIOP)
Awards and Honors
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