Retail and Mixed Use

The fast-paced environment of the retail industry calls for knowledgeable counsel with the legal and business acumen to provide individualized service with each client's particular interest in mind. Baker Donelson provides seasoned attorneys to help our clients navigate through the complex issues that often arise in retail and mixed use development projects.

The following is a listing of a few of Baker Donelson's representative clients and projects:

The Summit is a lifestyle center and is a trademark of Bayer Properties, L.L.C. with locations in Birmingham, Alabama, Louisville, Kentucky, Reno, Nevada, and Bethlehem Township, PA.


Adelicia Tower is an 18-story mixed use development by Corner Realty Partners, LLC, including 211 condominium units, located in the Vanderbilt / Midtown neighborhood in Nashville, Tennessee. 


Cahaba Village is a mixed use development in Mountain Brook, Birmingham, Alabama developed by Bayer Properties, L.L.C. which includes boutique retailers, restaurants and residential. 


Baker Donelson's commercial real estate team includes over 70 experienced attorneys. Approximately one-third of the group focuses a significant amount of their practice on retail and mixed use development projects and has participated in lifestyle centers, power centers, main street developments and mixed use projects in multiple phases and locations throughout the continental U.S. We bring all the necessary resources together to provide a timely and effective response that is supported by the national resources of our Firm but delivered by attorneys who know your business. Our experience encompasses all aspects of the shopping center life cycle including:


  • Negotiation and documentation of acquisition
  • Assemblage of Properties
  • Tax Deferred Exchanges
  • Due Diligence
    • Zoning and Land Use
    • Title, Survey and Geotechnical
    • Environmental/Wetlands
    • Subdivision/Resubdivision and Platting
    • Water rights
    • Economic Incentives/Development and Financial Assistance Agreements
      • Development/Leasing

        • Consultant Agreements
        • Site Development Agreements
        • Master Declaration of Covenants and Restrictions (OEA, ECCR, COREA, REA)
        • Big Box, Department Store and Anchor Tenant Transactions
        • Negotiation of construction contracts
        • In-Line Store and Restaurant Leasing
        • Outlot and Pad Sales and Leases


        • Management Agreements
        • Lease Enforcement
        • Tenant Bankruptcy
        • Eminent Domain
        • Property Management/First Amendment Issues

        Financing/Equity/Structured Financing

        • Acquisition
        • Ground lease
        • Mezzanine
        • Permanent
        • Joint Venture/Capital Markets
        • Public Private Partnerships