Practice Areas: Public Finance

Tax Increment Financing

Our firm has extensive knowledge and experience in tax increment financings and economic development projects. Our attorneys routinely provide advice in connection with legislative drafting on tax increment financing matters. Our attorneys have counseled clients in numerous projects, including the drafting of various redevelopment project and tax increment plans, redevelopment and sales tax agreements, intergovernmental agreements, and financing options, both as bonded or as “pay as you go” status. Our attorneys are frequent speakers at tax increment financing conferences and economic development conferences.

Our attorneys regularly represent municipalities with respect to redevelopment projects in accordance with the Tax Increment Allocation Redevelopment Act and are frequently engaged to offer special advice and opinions concerning the tax increment process. Recent engagements include:

• Both transactional and litigation representations with respect to tax increment finance matters.
• The negotiation of an intergovernmental agreement among a home rule unit and two school districts concerning the expansion of a downtown tax increment.
• Serving as legal counsel in the creation and implementation of a tax increment district, including the issuance of bonds.

Representative Work

• We serve as counsel to the City of Baltimore, Maryland with respect to tax increment matters.
• Represent an Illinois home rule unit with respect to all aspects of tax increment finance for a large downtown retail district and all other redevelopment project areas located within the village.
• Represent an Illinois home rule unit with respect to a proposed redevelopment plan amendment, an intergovernmental agreement and associated litigation by certain affected taxing districts.
• Represent an Illinois home rule unit as bond counsel and advisor with respect to existing redevelopment project areas.
• Represent developer in downtown development that is bordered on each side by a “people-mover” pedestrian walkway and the city’s transit system. The project includes a 200,000 square foot office building, a 600-space parking garage, 80,000 square feet of retail space, and 310 high-end apartments.
• Represent Illinois non-home rule unit in all aspects of tax increment financing for a large retail district, anchored by two large national retailers.
• Advise Illinois school districts and park districts as to legal and financial issues related to tax increment financings.
• Represented municipalities in the negotiation of sales tax sharing agreements.
• Represent private entity with respect to sales tax sharing agreement.
• Represent affected taxing districts seeking surplus tax increment funds through litigation.
• Serving as underwriter's counsel for two Pennsylvania increment deals, including service as counsel to Banc of America Securities for the RAAC's Frazier Mills project.

Representative Clients

• Village of Oak Park, Illinois
• City of Palos Heights, Illinois
• Village of Morton Grove, Illinois
• Village of Maywood, Illinois
• Village of Crestwood, Illinois
• Village of Niles, Illinois
• Chicago Ridge Park District, Cook County, Illinois
• High School District Number 218, Cook County, Illinois
• School District Number 122, Cook County, Illinois