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D. Brennen Keene
Partner 
One James Center
bkeene@mcguirewoods.com901 East Cary Street Richmond, Virginia 23219-4030 F: 804.698.2085    |
Mr. Keene assists clients with land use issues and real estate transactions related to a wide range of development projects. In his land use practice, he represents clients as they seek local land use approvals (including rezonings, conditional use permits and other necessary site development approvals) and as they seek economic development incentives from state and local governments. He also advises local governments with regard to various land use issues, including assisting in the drafting and processing of ordinance amendments. In his real estate transactional practice, he assists clients in leasing matters, acquisitions and dispositions of real estate and with resolving complex title issues. The following are some representative matters for which Mr. Keene has advised clients on land use and real estate matters.
- Energy Projects
- Representation of the owner of a large coal-fired electric generation facility in obtaining local land use and siting approvals for an industrial waste landfill for the disposal of coal combustion by-products (CCBs).
- Assisting an energy company with regard to a wide range of real estate matters in the acquisition and disposition of energy assets, including nuclear facilities, fossil fuel generation facilities, and natural gas collection and distribution facilities.
- Advising two separate wind energy project developers on local land use and real estate issues for wind energy projects in several states. This representation has included advising those companies regarding pending ordinance amendments designed to regulate the proposed wind energy projects.
- Representation of a developer and operator of landfill gas to energy facilities on real estate and local land use issues. In that representation, Mr. Keene assisted the company in obtaining local land use approvals for four landfill gas to energy facilities, and he assisted the company in the negotiation of lease agreements with the local government on two of those facilities.
- Representation of a Fortune 500 company on land use and real estate transactional issues for a proposed gasification project in Texas.
- Representation of an energy company in litigation to relocate a family graveyard located on property being developed for a new fossil-fuel generation facility. In this representation, which had over 150 defendants, Mr. Keene negotiated with over 30 defendants to obtain settlements with those defendants and received final adjudication on the litigation within four months of filing the action.
- Commercial, Industrial and Mixed-Use Developments
- Representing a Richmond-area developer in obtaining several zoning approvals for NorthLake, an approximately 400-acre industrial/commercial development in Hanover County, Virginia. Mr. Keene assisted the developer in the acquisition of the real estate for the project and negotiation for the sale of portions of the project to other developers. He also assisted the developer in obtaining a commitment of public funds for construction of road and water infrastructure for the project.
- Representation of a United Kingdom based investment group in analyzing development entitlements for the potential purchase of an undeveloped 2,300 acre mixed-use resort project in South Carolina.
- Representation of the subsidiary of an Indian-based pharmaceutical-grade gelatin manufacturer in obtaining zoning approvals for the subsidiary's North American headquarters and distribution center. Mr. Keene also represented the parent company during meetings in Mumbai, India, between officers of the parent company and then Gov. Warner of Virginia during Gov. Warner's 2005 trade mission to India.
- Representation of a campus housing developer in obtaining local land use approvals and related litigation issues for a high-rise student housing project in Morgantown, West Virginia.
- Representation of a developer in litigation planning related to an anticipated denial of a rezoning request for a large-scale mixed-use project, and then assisting that client in the subsequent litigation. The litigation was ultimately settled, and the locality approved the rezoning for the project as part of the settlement.
- Assisting a pulp recycling company in the sale of two pulp recycling facilities in West Virginia and Michigan.
- Representation of multistate "C" store chains in obtaining zoning and development approvals for the development of "C" stores in Virginia.
- Representation of mining companies in seeking various land use approvals for development of new mining operations and the expansion or continuation of existing mining operations.
- Assisting a Swiss company with relocating its U.S. distributorship to a new headquarters in Virginia. He assisted the client in obtaining zoning approval for the new headquarters, and assisted in the acquisition of its headquarters property.
- Representation of a private sports-shooting club in Hanover County, Virginia, in obtaining new land use approvals for the club's operations. The new land use approvals permitted the club to expand and redevelop some of its ranges, and preserved the right of the club to continue its operations despite significant opposition to the proposal.
- Representation of Local Governments
- Representation of a central Virginia county as special land use counsel to the county. During that representation, Mr. Keene drafted significant amendments to the county's zoning ordinance, subdivision ordinance, and comprehensive plan. He also assisted the county administration in revising and modernizing its rezoning application and the procedures for reviewing such applications.
- Representation of a national land use consulting firm in rewriting three separate local zoning codes for three separate localities in Virginia. In the representation, Mr. Keene advised the consulting firm with regard to compliance of the new zoning codes with the requirements of Virginia law.
- Representation of a southeastern Virginia county in its negotiations with a developer of a proposed large-scale mixed-use development. In that representation, Mr. Keene negotiated with the developer regarding zoning conditions applicable to the project and incentives for development of the project.
- Representation of a city in southeastern Virginia with regard to complex real estate and land use issues related to the closure of a federal military installation under the most recent Base Realignment and Closure process. In that representation, Mr. Keene assisted the city in obtaining amendments to the Virginia Code to allow the city to create a special redevelopment authority for the closed military installation.
- Telecommunications Facilities
Mr. Keene has assisted telecommunications companies and tower developers obtain local land use approvals for more than 200 wireless telecommunications towers and related facilities in more than 15 localities in Virginia since 1997. In that work, Mr. Keene has supported clients in the development of telecommunications infrastructure in several ways. - He routinely represents clients before local governments in seeking approvals for new telecommunications facilities, including new towers. In that work, he regularly conducts community outreach on behalf of his clients as part of the local permitting process.
- He assists clients and their consultants in site identification to ensure compliance with local telecommunications facility siting policies and ordinances.
- He assists wireless telecommunications companies in their lease negotiations with local governments for collocation of telecommunications infrastructure on local government owned structures.
- He assists telecommunications companies as they seek amendments to local telecommunications facility siting policies and zoning ordinances to provide the telecommunications industry easier access to expand and enhance telecommunications networks.
- He coordinates with outside consultants and build-to-suit partners to obtain the necessary approvals to build new telecommunications facilities.
- Named a Virginia Super Lawyers "Rising Star," 2007, 2008, 2009
- "2002 Annual Survey of Virginia Law: Real Estate and Land Use Law," 37 University of Richmond Law Review 271 (2002) (Co-authored with John V. Cogbill, III)
- "New Urbanism: A Design Concept for the Twenty-First Century," 2 Virginia Land Title Association Examiner 16 (Winter 1996-1997) (Co-authored with John V. Cogbill, III)
- "Transportation Conformity and Land Use Planning," 30 University of Richmond Law Review 1135 (1996)
- Faculty Member, Virginia Land Law Seminar, July 2011. Mr. Keene spoke on zoning and land use issues, including how those issues affect contract provisions in real estate purchase agreements.
- Faculty Member, Virginia Zoning and Land Use Law Seminar, April 2004. Mr. Keene spoke on the Development Approval Process in Virginia and on Economic Development Opportunities in Virginia.
- Presentation to the Virginia Planning Commissioner Academy Regarding Recent Developments in Land Use Law, Fall 1998
- Board of Directors and Chair Elect, Chesterfield County Chamber of Commerce, 2010- present. Mr. Keene will serve as Board Chairman in 2012.
- Board of Directors, Falling Creek Ironworks Foundation, Inc., a Group Dedicated to the Preservation and Interpretation of the First Ironworks Site in North America
- President, Board of Directors, Guilford College Alumni Association, 2005-2007
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EDUCATION University of Richmond School of Law, Richmond, Virginia, J.D., 1996
Guilford College, Greensboro, North Carolina, B.S., 1991 ADMITTED Virginia 1996 PLACE OF BIRTH Beckley, West Virginia |