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.
- Represented purchaser in acquisition of a 66-unit age restricted condominium complex in Haddon Heights, New Jersey. The acquisition involved negotiation and drafting of a loan purchase agreement from the primary lender, negotiation and drafting of deeds in lieu of foreclosure from private investors, and drafting of documents related to the acquisition of certain developer's rights.
- 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.
- New Jersey
- U.S. District Court for the District of New Jersey
- University of Pennsylvania Law School, J.D., 2004
- The College of New Jersey, B.A., magna cum laude, 2000
- Duane Morris LLP
- Special Counsel, 2015-present
- Associate, 2005-2014
- 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
- American Bar Association
- Camden County Bar Association
Honors and Awards
- The College of New Jersey - Daniel R. Hall Award for Excellence in Economics, 2000
- Co-author, "Lease Modification Letters: What Did We Just Agree To?" Shopping Center Law & Strategy, Fall 2016
- Co-author, "Pennsylvania Supreme Court Weighs in on Amendments to Pa. Oil and Gas Act," Duane Morris Alert, December 23, 2013
- Co-author, "Philadelphia's Energy Benchmarking Deadline Will Be at Your Doorstep This Halloween," Duane Morris Alert, October 9, 2013
- Co-author, "New Jersey Enacts Statutory Reforms to Eminent Domain Powers Under Local Redevelopment and Housing Law," Duane Morris Alert, September 11, 2013
- Co-author, "Understanding the Basics of Philadelphia's New Actual Value Initiative," The Legal Intelligencer, March 27, 2013
- Co-author, "N.J. Superior Court Finds That Condemning Authority Is Not Required to Negotiate with Mortgagee Prior to Initiation of Eminent Domain Action," Duane Morris Alert, February 21, 2013
- Co-author, "Ready or Not, Here It Comes: Philadelphia's Actual Value Initiative Assessments Are in the Mail," Duane Morris Alert, February 15, 2013
- Co-author, "New Jersey Property Owners Who Suffered Significant Damages as a Result of Hurricane Sandy May Be Entitled to Property Tax Relief," Duane Morris Alert, November 13, 2012
- Co-author, "Pa. Legislature Extends Permit Extension Act Another Three Years," Duane Morris Alert, July 24, 2012
- Author, "Partial Takings and the Contingent 'Cost-to-Cure'," ABA Section of Litigation, Condemnation, Zoning & Land Use Committee Newsletter, Winter 2011
- Co-author, "Eminent-Domain Reform Bill Advances in New Jersey State Senate, But Does Not Take a Big Leap ," Duane Morris Alert, October 21, 2010
- Co-author, "Pennsylvania Adopts Legislation Granting Automatic Extension to Development Approvals," Duane Morris Alert, July 12, 2010
- Co-author, "New Jersey Governor Eliminates 'Time-of-Decision' Rule in Favor of 'Time-of-Application' Rule," Duane Morris Alert, May 12, 2010
- Co-author, "Four New Jersey Bills Seek to Change How Government Condemns Real Estate, as U.S. Debate on Eminent Domain Continues," Duane Morris Alert, January 27, 2010
- Contributor, "To Build or Not to Build: The Myriad Issues Facing Developers with Approved Development Sites in Today's Market," Shopping Center Legal Update, Fall/Winter 2009
- Co-author, "In New Jersey, a Property Owner May Recover Consequential Business Losses for a Temporary Taking," Duane Morris Alert, August 28, 2009
- Co-author, "What's in Your Condemnation Clause?," Shopping Center Legal Update, Summer 2009
- Co-author, "New Jersey Adopts Law Permitting Conversion of Age-Restricted Housing Units to Non-Age-Restricted Housing Units and Modifies Laws Concerning Affordable Housing," Duane Morris Alert, July 8, 2009
- Co-author, "Delaware Governor Vetoes Bill Restricting Use of Eminent Domain," Duane Morris Alert, July 2, 2008
- Co-author, "The Importance of Condemnation and Access Clauses in Commercial Leases," Retail Law Strategist, November 2007
- Co-author, "Nevada Joins National Trend in Responding to Kelo Decision on Eminent Domain," Duane Morris Alert, June 28, 2007
- Co-author, "New Jersey Supreme Court Limits Application of Blight Designation in Ongoing National Debate over Eminent Domain," Duane Morris Alert, June 22, 2007
Selected Speaking Engagements
- Discussion Leader, "Condemnation Clauses: What to Negotiate—Avoidance of Pitfalls," International Council of Shopping Centers' 2012 U.S. Shopping Center Law Conference, Orlando, Florida, October 25, 2014