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David Kirkman is a business lawyer.  Most of his clients are involved in the commercial real estate business as owners, investors, developers, builders, buyers, brokers, sellers or tenants.  His practice has concentrated on real estate development, financing, leasing, acquisition and disposition.  Projects include market and affordable rental housing, single family residential, industrial, office, charter schools, churches, retail, restaurants, hotels, warehouse, condominiums, co-ops, townhomes, recreational and resort properties.

David’s clients and opposing counsel find him efficient, creative, aggressive, honest and fair.  What he likes most about being a lawyer, and why he is still doing it after 44 years, is being able to solve a client’s complex problems.  The most challenging, most rewarding, and most frightening aspect of his practice is that the transactions or disputes on which he is consulted are often the most significant and stressful matter at that point in the client’s life.  David takes satisfaction from being able to chart a path to successfully resolve even the most complicated matters to a client’s advantage, and to do so as economically for the client as reasonably possible.


Practice Areas

David’s practice requires a depth of expertise in ownership entity structuring, mortgage financing documents, creative financing alternatives, municipal TIF, federal mortgage loan programs (FHA, FNMA and HUD), land subdivision, leasing, purchasing, selling, sale/leaseback, land lease financing, riparian rights, easements, environmental, remediation, construction, resolution of owner disputes, tax planning, governance planning, like-kind exchanges, mortgage enforcement, receiverships, and governmental controls. On occasion, he has consulted in complex litigation and other disputes involving such issues.  During the real estate industry’s cyclical down-turns, his practice included significant involvement in mortgage debt restructuring and workouts on behalf of borrowers and guarantors, including litigation in those areas.

Examples of recent transactions include:

  • $18,300,000 sale of charter school in Minneapolis, MN
  • Acquisition, financing, rehabilitation, construction and marketing with respect to a 220-unit senior apartment project in St. Paul, MN
  • $12,000,000 sale of senior apartment project in Anoka, MN
  • $10,000,000 sale of 3-building suburban office complex
  • Sale of 150 year old church in downtown Minneapolis, MN
  • $12,000,000 sale of manufacturing company
  • Sale of lakeside event center and six “dinner cruise” boats
  • Construction of “spec” office/warehouse in Atlanta, GA
  • Sale of 4 office/warehouse complexes, each in excess of 100,000 square feet, in Texas
  • Sale/lease-back of 150,000 square foot manufacturing facility in Elk River, MN
  • Negotiation and mediation of a dispute among partners to split-up ownership of 6 apartment projects comprising approximately 300 units

Professional Certifications, Awards and Designations

  • Adjunct Professor of law, Commercial Real Estate, William Mitchell College of Law, 1989-2009
  • Super Lawyers®, 2000-2020
  • Minnesota’s Best Lawyers, Minnesota Monthly Magazine, continuously since 2007


Bar Admission

  • Minnesota, 1979
  • U.S. District Court, District of Minnesota, 1979, inactive

Professional Activities and Memberships

  • Minnesota State Bar Association, Member
  • Hennepin County Bar Association, Member

Education

  • J.D., William Mitchell College of Law, magna cum laude, 1979
  • B.S., St. Cloud State University, magna cum laude, 1975

 

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