Irv concentrates his practice on
land use, zoning and real estate litigation. Prior to joining Tucker Arensberg,
P.C., he 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, Irv serves 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.
Irv regularly represents
restaurants, private clubs, and hotels in matters relating to liquor license
transfers, citation and other regulatory matters.
Irv is a shareholder and co-chair of
the Real Estate Practice Group.
Areas of Practice:
Land Use and Zoning, Real Estate, Litigation, School and Municipal
Irv works with land owners and
developers to meet their goals, leading to project completion. Examples of
specific cases in this area include:
of 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. Irv worked with the developer to set forth facts in
order to classify the use as a permitted use. Irving 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.
client sought to construct a medical office building but was unable to meet
zoning requirements. Irv 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.
of a prominent non-profit corporation in its expansion of its operation in
downtown Pittsburgh. The client sought to consolidate its business operations
from two 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. Irv worked with the client and the City’s
elected officials to obtain a temporary solution. Irv was able to obtain all
necessary approval permits from the City of Pittsburgh. The client now owns and
operates their programs in their own 8 story building.
- Real Estate Litigation and
defended a Fortune 500 Company in a 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. Irv 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.
obtained injunctive relief for a client who had a problem with an
industrial/commercial tenant; the tenant refused to comply with certain key
lease provisions. Irv attempted to resolve the issue amicably, but the tenant
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
- Irv’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