Marc D. Brookman

Of Counsel - Retired

  • Marc D. Brookman
  • Phone: +1 215 979 1300

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

Marc D. Brookman practices in the areas of real estate development, acquisition and disposition, zoning and land use, common interest documentation, leasing and senior housing.

Mr. Brookman is an emeritus member of the board of directors of the Central Philadelphia Development Corporation and the former chairman of the Philadelphia District Council of the Urban Land Institute.

Mr. Brookman is the past chair of the Delaware Valley Smart Growth Alliance, a collaborative initiative of various organizations in Southeastern Pennsylvania, New Jersey counties from Mercer County south and the State of Delaware. Alliance members, which number more than 180 organizations, include land use policy groups, developers, state and county governments, environmental groups, universities and colleges, economic development groups and the Urban Land Institute.

He is a founder and former president of the Greater Delaware Valley Chapter of the Community Associations Institute. Mr. Brookman has been recognized by Chambers USA: America's Leading Lawyers for Business for real estate in the 2010 through 2016 editions. A frequent lecturer on real estate law, he is a graduate of Temple University School of Law and Temple University.

Representative Matters

  • Obtained a precedential decision from the Supreme Court of Pennsylvania, affirming a Planned Residential Development ordinance on behalf of Equus Capital Partners, Ltd., BPG Real Estate Investors, Berwind Property Group, Ltd. and related entities. Newtown Square East v. Township of Newtown, et al.
  • Obtained on behalf of Toll Brothers, Inc. a ruling from the Supreme Court of Pennsylvania, reversing a prior ruling by the Commonwealth Court of Pennsylvania, holding that neighboring landowners who become parties to a zoning hearing, but are not party appellants to the land use appeal, lack standing to appeal. Stuckley, et al. v. ZHB of Newtown Twp., et al.
  • Represented Las Vegas Sands Corporation in connection with the obtaining of a casino permit and entitlements for construction of a $900 million hotel/casino and retail center in Bethlehem, Pennsylvania. The site, the former Bethlehem Steel Corporation site, is the largest brownfields site in the eastern part of the United States.

  • Representation of seller in the sale, structuring and rezoning of a mixed-use development including a regional hospital, 1 million square feet of retail space, 750 residential units and 500,000 square feet of office space.

  • Representation of developer in connection with the approval of a transit oriented development proposed for 340 housing units and 48,000 square feet of boutique, class A office space.

  • Representation of health system in rezoning of an inner-ring suburban site for mixed-use development including health care, retail, creation of parking authority, office, affordable and market sale housing, historic preservation, and transit oriented development.

  • Representation of developer in a transit oriented development approved for 250 housing units.

  • Representation of developer in an adaptive reuse of historic buildings creating a total of 1,200 housing units in an urban setting.

  • Representation of developer in the structuring of a residential community and golf club.

  • Representation of developer in the purchase of 100 acre urban site for redevelopment into mixed development.

Areas of Practice

  • Real Estate Development
  • Real Estate Acquisition and Disposition
  • Zoning and Land Use
  • Leasing
  • Common Interest Documentation
  • Senior and Work Force Housing


  • Pennsylvania
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of Pennsylvania
  • Supreme Court of Pennsylvania


  • Temple University School of Law, J.D.
  • Temple University, B.S.


  • Duane Morris LLP
    - Chair, Real Estate Practice Group, 1979-2012

Professional Activities

  • American Bar Association
    - Urban, State and Local Government Law Section
    -- Former Chairperson, Housing Committee
    - Real Property, Probate and Trust Law Section
    -- Development and Financing of Condominiums Committee
    --- Mixed-Use Projects Subcommittee
    --- Office Leasing Subcommittee
  • Pennsylvania Bar Association
    -Real Property, Probate and Trust Law Section
  • Philadelphia Bar Association
    - Former Executive Committee Member, Real Property Section
  • The Urban Land Institute
    - ULI Global Residential Development Product Council
    - ULI Philadelphia Advisory Board
    - ULI Philadelphia Governance Committee
  • Greater Delaware Valley Chapter of the Community Associations Institute
    - Founder and Former President

Honors and Awards

  • Named a "Lawyer of the Year" by U.S. News/Best Lawyers in the area of Litigation - Real Estate, 2017
  • Listed in Best Lawyers - Philadelphia by the Wall Street Journal, 2016
  • Listed in Best Lawyers Greater Philadelphia, 2016
  • Listed in U.S. News/Best Lawyers "The Best Lawyers in America," 2013-2020

  • Listed in Marquis Who's Who in American Law
  • Listed in Chambers USA: America's Leading Lawyers for Business, 2010-2016
  • Listed in Super Lawyers Corporate Counsel Edition, 2009-present
  • Listed in Pennsylvania Super Lawyers, 2004-present
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Civic and Charitable Activities

  • Past President, Golden Slipper Club and Charities
  • Central Philadelphia Development Corporation
    - Emeritus Member, Board of Directors
    - Executive Committee, 1994-present
    - Vice-President, 1996-2006
    - Treasurer, 1995-1996
    - Secretary, 2006-2013

Selected Publications

  • Co-author, "Pa. Superior Court Extends Protection of Implied Warranty of Habitability to Subsequent Purchasers of a Newly Constructed Home," Duane Morris Alert, December 11, 2012; republished in Real Estate Law360, Pennsylvania Law360 and Contract Law360, January 15, 2013
  • Co-author, "Next Steps: The Green Movement Presses Forward," Shopping Center Legal Update, Fall-Winter 2009
  • Profiled in "He zones in on 'smart growth'," The Philadelphia Inquirer, November 24, 2008
  • "Real Estate Tax Assessment" in Real Estate Transactions: Home Owners Associations and Planned Unit Developments: Law and Forms, ed. by Patrick J. Rohan (New York: Matthew Bender, 1991).
  • "Taxation in PUD and Condominium Developments: Is There a Cause for a New Revolution?" Real Estate Law Journal, Vol. V., No. 1 (Summer 1976).

Selected Speaking Engagements

  • Panelist, "How Deals are Getting Done in the 'New Normal'," Duane Morris Real Estate Roundtable, Philadelphia, June 2, 2011
  • Panelist, "Pennsylvania Planned Communities and Condominiums in light of Shaffer: What Now?" Duane Morris Real Estate Roundtable, Philadelphia, April 16, 2010
  • Speaker, "Envisioning Better Communities: Seeing More Options, Making Wiser Choices," Delaware Valley Regional Planning Commission, Philadelphia, March 17, 2010
  • Moderator, "The 5 D's: Density, Design, Diversity, Destination Accessibility, Distance-To-Transit: Why Smart Growth Is Financially Sustainable," Delaware Valley Smart Growth Alliance 6th Annual Smart Growth Symposium, Philadelphia, March 12, 2010
  • Moderator, "What Sells?" Building Industry Association of Philadelphia's 7th Annual Housing Conference, Philadelphia, September 17, 2008
  • Moderator, "On the Front Line of Home Sales," 2006 Building Industry Association of Philadelphia Housing Conference, Philadelphia, Pennsylvania, September 20, 2006
  • Moderator, "Siting the Casinos: Zoning and Land-Use Challenges," Pennsylvania Gaming Congress, Harrisburg, Pennsylvania, March 6-7, 2006
  • Moderator, Building Industry Association of Philadelphia 2004 Housing Conference, September 2004
  • "Why Philadelphia and Why Now," panel discussion hosted by the Building Industry Association of Philadelphia, Philadelphia, Pennsylvania, September 22, 2004
  • Speaker, "Smart Growth = Financial Security," Delaware Valley Smart Growth Alliance 3rd Annual Forum, Philadelphia, Pennsylvania, December 5, 2006
  • Chair, "Smart Growth Leadership Issues Forum," Urban Land Institute program, Philadelphia, Pennsylvania, October 16, 2003
  • "Successful Housing Projects," Annual Housing Conference of the Building Industry Association of Philadelphia, Philadelphia, Pennsylvania, September 17, 2003
  • "Non-Profit and Private Sector Views on Smart Growth," panel discussion hosted by the Department of Community and Regional Planning, Ambler, Pennsylvania, May 1, 2003
  • "Perspectives on Smart Growth," Urban Land Institute Philadelphia District Council in association with the Metropolitan Philadelphia Policy Center, Philadelphia, Pennsylvania, June 14, 2000
  • "Smart Growth," 28th National Spring Conference on the Environment sponsored by the American Bar Association Standing Committee on Environmental Law, Potomac, Maryland, June 4, 1999
  • "1988 v. 1998: Is Real Estate Repeating Itself?" the Urban Land Institute Philadelphia District Council annual program, Philadelphia, Pennsylvania, September 17, 1998
  • "Living in Center City," program sponsored by Central Philadelphia Development Corporation, Philadelphia, Pennsylvania, June 1998
  • "Adding Assisted Living to Your Existing Services," program sponsored by the Hospital & Healthsystem Association of Pennsylvania, Camp Hill, Pennsylvania, July 1997
  • "The New Uniform Planned Community Act," program sponsored by the Home Builders Association of Chester and Delaware Counties, West Chester, Pennsylvania, March 1997
  • "Educating Our Children: America's Greatest Challenge," program sponsored by the Urban Land Institute, San Francisco, California, November 1996
  • "What You Need to Know at the Beginning So Your Condominium/Homeowners Association Won't Trouble You at the End," program sponsored by the Greater Delaware Valley Chapter of the Community Associations Institute and the Builders League of South Jersey, Cherry Hill, New Jersey, February 1993
  • Future Directions for Long Term Care Facilities," Fourth Annual Atlantic Builders Conference and the 43rd Annual New Jersey Builders Association Convention, Atlantic City, New Jersey, March 1992
  • "Zoning and Municipality Perspective," Special Problems in the Development, Financing and Operation of Mixed-Use Projects, meeting of the Subcommittee on Mixed-Use Projects on the Section on Real Property, Probate and Trust Law of the American Bar Association, Atlanta, Georgia, August 1991
  • Presenter, University of Pennsylvania's Center for Urban Redevelopment Excellence, Philadelphia, Pennsylvania, January 13 through February 20, 2004