Michael J. McCalley
Associate

Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Duane Morris LLP
One Riverfront Plaza
1037 Raymond Boulevard, Suite 1800
Newark, NJ 07102-5429
USA

Duane Morris LLP
1940 Route 70 East, Suite 200
Cherry Hill, NJ 08003
USA

Phone: +1 215 979 1383
Fax: +1 215 689 4931
Email: MJMcCalley@duanemorris.com

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Michael J. McCalley

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Michael J. McCalley practices in the area of real estate law with a focus on eminent domain/condemnation, redevelopment, highway access management and control, and relocation assistance. Mr. McCalley's practice also includes land use and zoning, land use litigation, real estate tax litigation and contract litigation.

Admitted to practice in Pennsylvania and New Jersey, Mr. McCalley is a 2004 graduate of the University of Pennsylvania Law School and a magna cum laude graduate of The College of New Jersey, where he received the Daniel R. Hall Award for Excellence in Community Service and the Study of Economics.

Representative Matters

  • Represented a multibillion-dollar self-managed real estate investment trust (REIT) in successfully opposing the application of a neighboring property owner to construct a 50,392-square-foot hazardous waste incinerator in Bristol Township, Bucks County, PA.
  • Reduced an Atlantic City casino's taxable assessed value by more than two-thirds – from $543 million down to $165 million – and obtained a $19.5 million tax credit for the casino. The multimillion-dollar tax credit was a combination of cash payments and future credits. The settlement was approved by City Council after property tax appeals and related litigation were filed starting in 2006 in the Tax Court of New Jersey.
  • Tried an eminent domain valuation case on behalf of a major oil company, securing a jury verdict of $75,000, which represented the additional costs the tenant had to incur in obtaining new development approvals as a result of partial taking and reduction in access (i.e., the cost to cure). NJDOT presented testimony that the cost to cure was only $10,000.
  • Represented a healthcare system in defeating $10-million nonresidential development fee that a local municipality was attempting to impose on a large-scale institutional/commercial development project. In addition, assisted in negotiating, drafting and finalizing developer's agreements for water, sewer and developer contributions among the township, NJDEP, NJDOT and the neighboring property owners.
  • Represented a property owner in obtaining a general development approval for a mixed-use development, which included 502 residential units and 50,000 square feet of commercial space. The approval involved the first state-endorsed municipal Transfer of Development Rights (TDR) program under New Jersey's TDR Act.
  • Represented a local university in obtaining a use variance to convert an office/warehouse to a new on-campus student bookstore and cafe.
  • Assisted partner in representing an owner of a church in Bristol, Pennsylvania, in a condemnation action filed by the Pennsylvania Turnpike Commission. The Turnpike Commission's initial offer of estimated just compensation for the property was $1,215,000. Following a hearing before the Board of View, the parties settled the matter for $2,240,000.
  • Represented the Southeastern Pennsylvania Transportation Authority (SEPTA) in obtaining the necessary sign permits in connection with the renaming of Pattison Avenue Station to AT&T Station.
  • Represented FBB Englewood in a dispute with Bank of America over the interest rate earned on condemnation proceedings. The N.J. Supreme Court upheld the Appellate Division's decision in City of Englewood v. Exxon Mobil Corp., 406 N.J. Super. 110 (App. Div. 2009), denying certification to appellant Bank of America (and solidifying a victory for firm client RD Management d/b/a FBB Englewood, LLC).
  • Represented a gasoline retailer in connection with a partial taking condemnation by NJDOT in Berlin Township, New Jersey. NJDOT constructed a reverse loop ramp on the property taken that encircles existing gas station, and raised the grade of the adjacent highway approximately six feet. Prior to the taking, NJDOT negotiated with the property owner based on an appraisal of approximately $1.5 million for the taking. When the gasoline retailer rejected the state's offer and NJDOT was forced to institute condemnation proceedings, it had the property appraised by a second appraiser for only $650,000, which it offered to the property owner. We moved to exclude the second appraisal, which motion was granted. As a result, the state went back to its original appraiser, who prepared an appraisal concluding just compensation as of the date of taking was $1,779,000. The case settled for $2,400,000.

Admissions

  • New Jersey
  • Pennsylvania
  • U.S. District Court for the District of New Jersey

Education

  • University of Pennsylvania Law School, J.D., 2004
  • The College of New Jersey, B.A., magna cum laude, 2000

Experience

  • Duane Morris LLP
    - Associate, 2005-present
  • Ballard Spahr Andrews & Ingersoll LLP
    - Associate, 2004-2005
    - Summer Associate, 2003
  • New Jersey Federal Public Defenders Office
    - Clerk, Summer 2002
  • Delaware Investments
    - Service Representative/Mentor, 2000-2001

Professional Activities

  • American Bar Association
  • Camden County Bar Association

Honors and Awards

  • The College of New Jersey - Daniel R. Hall Award for Excellence in Economics, 2000

Selected Publications