Brian S. McCool

Shareholder

Email: bmccool@fredlaw.com
Office: 612.492.7309
Assistant: Debbie Kleist, 612.492.7549

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PRIMARY SERVICES

Real Estate
Real Estate Litigation
Construction
Litigation

ADDITIONAL EXPERTISE

Bankruptcy, Restructuring & Workouts

“‘One-size-fits-all’ does not work with legal advice. I pride myself in working closely with each of my clients to develop creative solutions to their unique legal and business issues.”

Overview

Brian is an experienced real estate attorney with a multi-faceted practice, focusing particularly on representing parties in complex land use and zoning matters, real estate transactions, and disputes involving real property.

From City Hall to the closing table to the courtroom, Brian, a shareholder and co-chair of Fredrikson & Byron’s Real Estate Group, spends his days working to find solutions to his clients’ varied real estate and business issues. Brian relies heavily on his business and finance background to understand his clients’ businesses so that he can best help these clients capitalize on opportunities and obtain sensible and efficient outcomes to challenges that may arise. Brian has significant experience partnering with land owners, developers and builders to help them understand and navigate through the land use regulations that impact their projects. Additionally, Brian is also an experienced transactional attorney that represents clients in the acquisition, disposition, construction, leasing and financing of multi-family, commercial and industrial properties. And, when the circumstances require such action, Brian has substantial experience in representing his clients in a wide range of real estate-related disputes, including mortgage foreclosure actions, workouts, landlord-tenant disputes, construction claims, mechanic’s lien issues, boundary disputes and zoning disputes.

Experience

REPRESENTATIVE EXPERIENCE

Land Use & Zoning

Represented publicly-traded automotive retailer in seeking and obtaining local zoning approvals for development of multiple locations.
Served as land use counsel for local developer in connection with development of multiple commercial and industrial properties.
Represented multiple developers and builders in obtaining government approvals for residential projects.

Real Estate Transactions

Served as lead counsel in representing owner of multi-building apartment portfolio in modifying underlying ownership structure and refinancing existing mortgage and bond financing.
Represented landowner in the negotiation and drafting of a complex ground lease with a national retail tenant.
Represented numerous sellers and buyers in the acquisition, sale and leasing of various multi-family, commercial and industrial properties.

Foreclosures & Workouts

Represented owner of shopping mall in the negotiation of successful workout of senior mortgage loan.
Served as lead counsel in representing owner of multiple golf courses in negotiation of complex workout and restructuring agreements with multiple lenders.
Represented multiple lenders and borrowers in state court foreclosure proceedings involving various types of property.

Articles & Presentations

Fredrikson & Byron Attorneys Named 2015 Minnesota Super Lawyers and Rising Stars

July 7, 2015

Super Lawyers Magazine recognized 36 Fredrikson & Byron attorneys as 2015 Minnesota Super Lawyers and 15 attorneys as Minnesota Rising Stars.

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Cities Are Back in the Variance Business: Legislature Removes Roadblock to Variance Applications by Making Much-Needed Changes to Variance Statutes

August 1, 2011

By Brian S. McCool

In 1989, the Minnesota Court of Appeals issued its decision in Rowell v. Board of Adjustment of Moorhead. In this decision, the Court of Appeals adopted an interpretation of Minnesota’s municipal variance statute that provided a flexible, owner-friendly standard for cities to use when evaluating variance applications.

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PUBLICATIONS & PRESENTATIONS

Co-presenter, “Key Issues to Consider When Structuring Real Estate Joint Ventures,” Minnesota Real Estate Journal Land Development Conference, May 4, 2018
Speaker, “Mortgages and Foreclosures,” Real Property Law in Minnesota, January 23, 2018
Speaker, “Joint Venture Basics—How to Structure the Agreement,” 2017 Real Estate Institute, MN CLE, November 2, 2017
Co-presenter, “How to Avoid Getting Sideswiped on Your Next Development,” Minnesota Real Estate Journal Land Development Conference, May 5, 2017
Speaker, Minnesota Land Development Conference, Minnesota Real Estate Journal, 2006-2017
Speaker, “Foreclosure Action, Foreclosure Sale and Redemption,” Handling Mechanic’s Liens in Minnesota, Minnesota State Bar Association Continuing Legal Education (MN CLE), March 15, 2016
Speaker, “Exactions—How Far Can the City Go?,” Land Use Law and Practice in Minnesota, MN CLE, February 25, 2016
Speaker, “Mortgages and Foreclosures,” Real Property Law in Minnesota, January 21, 2016
Speaker, “Key Land Use and Zoning Concepts Every Real Estate Attorney Should Know,” 2015 Real Estate Institute, MN CLE, October 22, 2015
Speaker, “10 Things Every Real Estate Paralegal Should Know About Land Use in Minnesota,” Minnesota Paralegal Association Real Estate Sectional Meeting, September 15, 2015
Author and Speaker, “Mortgage Foreclosures,” The Complete Real Estate Lawyer’s Quick Answer Book, MN CLE, March 10, 2015
Speaker, “Zoning & Land Use Basics – 10 Things Every Real Estate Attorney Should Know About Land Use in Minnesota,” 2015 Minnesota Conference on Land Use and Eminent Domain, MN CLE, February 12, 2015
Speaker, “10 Things Every Real Estate Attorney Should Know About Land Use in Minnesota,” 2014 Real Estate Institute, MN CLE, November 13, 2014
Speaker, “‘Who Owns It?’: The Most Common Claims When Ownership or Use of the Property Is in Question,” MN CLE, August 7, 2014
Speaker, “Mortgages and Foreclosures,” Real Property Law in Minnesota, January 17, 2014
Speaker, “Real Estate 60: Mortgage Foreclosure, Reinstatement, Deficiency, Judgments, Redemption, and More,” August 14, 2013
Speaker, “Twelve Tips for Drafting Documents to Avoid Disputes,” 2012 Real Estate Institute, MN CLE, November 9, 2012
Speaker, “9 Foreclosure Cases Every Real Estate Attorney Should Know,” The 2012 Mortgage Foreclosure Conference, MN CLE, June 11, 2012
Speaker, “What a Mess – The 5 Most Common Commercial Lease Disputes and How to Avoid Them,” Resolving Real Estate Disputes & Problems, MN CLE, August 15, 2011
Speaker, “Drafting Documents to Avoid Disputes – Focus on Indemnity Agreements and Guarantees,” Webcast for MN CLE, June 22, 2011
Speaker, “Landlord – Tenant Law: Leases, Evictions, Litigation & Settlements,” Sterling Education Services, Inc., April 13, 2011
Speaker, “Drafting Documents to Avoid Disputes – Focus on Indemnity Agreements and Guarantees,” 2010 Real Estate Institute, MN CLE, November 12, 2010
“The 2008 Minnesota Legislative Session Brings Many Real Estate Law Changes,” co-authored with Mary Ranum and Brian Clark, Summer Associate, FredNEWS: Real Estate, August 2008
Speaker, “Attorney’s Guide to Commercial Evictions,” National Business Institute, February 4, 2008
Speaker, “Equity Stripping and Foreclosure Reconveyance Transactions – The Good, the Bad, and the Ugly,” Mortgage Foreclosures in Minnesota, MN CLE, May 15, 2007
Speaker, “It’s Not Whether You Win or Lose, It’s Whether You Can Avoid The Fight – Drafting Documents To Avoid Disputes,” 2005 Real Estate Institute, MN CLE, November 2005

Honors & Education

EDUCATION

University of Iowa College of Law, J.D., 2002, with highest distinction
Buena Vista University, B.A., Finance/Banking and Economics, 1999, summa cum laude

BAR ADMISSIONS

Minnesota, 2002
U.S. District Court for the District of Minnesota, 2003

HONORS

Minnesota Super Lawyers, Rising Star, 2006, 2008, 2010-2016
Order of the Coif, University of Iowa College of Law, 2002
Best Overall Advocate, Van Oosterhout Memorial Moot Court Competition, 2001

Professional Activities

PROFESSIONAL ACTIVITIES

Member, Planning Commission, City of Shoreview, Minnesota
Co-Chair, Land Use Subcommittee, National Association of Industrial and Office Properties
Member, Public Policy Committee, National Association of Industrial and Office Properties

COMMUNITY

Member, Board of Directors, Shoreview Area Housing Initiative, 2009 – present
Member, Board of Directors, Buena Vista University National Alumni Association, 2004-2010