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Brian C. Cheney

Brian C. Cheney

Partner| Salt Lake City


Brian Cheney's practice is concentrated in commercial real estate transactions, focusing primarily on office and retail leasing; commercial and mixed-use development and dispositions; condominium, hotel, condominium hotel, resort, mixed use, and commercial real estate development and disposition; zoning and land use; real estate workouts; interstate land sales registration and compliance; and real property financing transactions. Brian represents owners/developers, landlords, tenants, resort operators, real estate investment firms and borrowers.

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  • Counsel for local and national owners and investors in connection with complex commercial leasing transactions.
  • Counsel for local developer in all aspects of acquisition, development and leasing of several mixed-use residential, office and retail projects.
  • Counsel for national developer in connection with acquisition and development of condominium and resort projects in Park City, Utah.
  • Formation of joint venture entities for acquisition, development, leasing and disposition of complex real estate projects.
  • Counsel for developer/landlord in connection with leasing and development of approximately 200,000 square foot corporate headquarters office building in Lehi, Utah.
  • Represent developer in connection with development and leasing of grocery-anchor shopping center project in Lehi, Utah.
  • Counsel for national loan servicer in real estate workout transactions and negotiation and drafting of retail and restaurant leases for shopping center assets.
  • Represent regional grocery store owner and developer in the acquisition, development and leasing of shopping center projects in Utah, Wyoming and Idaho.
  • Counsel to developers of various mixed-use projects, including drafting of necessary declarations of covenants, conditions and restrictions and reciprocal easements, leases, purchase and sale documents.
  • Counsel for multi-billion dollar mixed-use project on the Las Vegas Strip including two condominium hotel towers, a 75,000 square foot casino, 300,000 square feet of retail and restaurant space and various resort related amenities. Assisted with all aspects of development, including preparation of federal and state disclosure and registration documents, condominium formation documents and condominium unit purchase and sale agreements. Advised client on Interstate Land Sales Full Disclosure Act compliance, construction financing and development of a condominium hotel unit rental program and oversaw and advised client on various disputes between condominium unit purchasers and developer.
  • Local counsel for a multi-billion dollar master-planned urban complex located at the heart of the Las Vegas Strip on a 76-acre site including a resort hotel/casino, 800 hotel rooms, 1800 resort condominium units, 1500 hotel condominium units within a number of high-rise towers, and a 600,000 square foot shopping center. Assisted with all aspects of residential development including preparation of Interstate Land Sales Act and Nevada disclosure documents and drafting of condominium documents and reciprocal easement agreements. Also advised client with respect to closing and post-closing disputes.
  • University of Utah College of Law (J.D., 2000)
    • Senior Editor, Utah Law Review
    • National Moot Court Team
  • University of Utah (B.S., Business Finance, 1997)
  • Utah State Bar
    • Real Property Section
    • Banking and Finance Section
    • Business Law Section
  • Nevada State Bar
    • Real Property Section
  • American Bar Association
    • Real Property Section
    • Business Law Section
  • NAIOP Utah Board of Directors (2018)
  • "Inside-Outside Counsel Collaboration: Building A Win-Win In Las Vegas," Editor Q&A, The Metropolitan Corporate Counsel (September 2013)
  • "Innovative Strategies for Taming Litigation Spend," Panelist, LexisNexis CounselLink Webinar (March 22, 2012)
  • "Interstate Land Sales Full Disclosure Act: Latest Developments – Ensuring Compliance with ILSA's Registration Requirements in the Absence of Clear Guidelines," Panelist, Stafford Legal Webinars (January 25, 2012)
  • "Working Out Hotels With Residential & Other Non Hotel Components: Condo Hotels, Mixed Use/Timeshares/Destination Clubs," Presenter, IMN’s 2nd Annual Distressed Hotels Symposium, Los Angeles, CA (November 8-9, 2010)
  • "Legal Issues in the Complex Leasing Transaction Part I," Co-Author and Continuing Education Instructor, State of Utah Department of Commerce Division of Real Estate (Active License April 2010-April 2012)
  • "Legal Issues in the Complex Leasing Transaction Part II," Co-Author and Continuing Education Instructor, State of Utah Department of Commerce Division of Real Estate (Active License April 2010-April 2012)
  • "Distressed Condominium Projects-Look Closely Before You Buy," Author, The Utah Banker Magazine (March/April 2009)
  • "A Practitioner’s Guide to Key Legal & Documentation Issues: Sales & Marketing Compliance, Hotel Residence Documents, Operating & Management Agreements," Presenter, IMN’s Annual Florida Symposium on Financing, Developing & Operating Mixed-Use Hospitality, Hotel Residences & Condo Hotels, Miami, FL (April 29-30, 2008)
  • "What Every Real Estate Developer Should Know About The Interstate Land Sales Full Disclosure Act," Presenter, Utah State Bar, Real Property Section (April 19, 2007)
  • "Sales & Marketing Compliance," Presenter, IMN’s Annual Florida Symposium on Financing, Development and Operating Condo Hotels, Hollywood, FL (May 22-23, 2006)
  • The Best Lawyers in America®, Real Estate Law (2015-2018)
  • Utah's Legal Elite: Real Estate, Utah Business Magazine (2009-2018)
  • Mountain States Super Lawyers®, Rising Stars Edition, Real Estate (2008-2013)
  • Boys & Girls Clubs of South Valley, Utah, Board of Directors/Executive Committee
  • Spanish
  • Utah
  • Nevada
  • Supreme Court of Utah
  • Supreme Court of Nevada
  • United States District Court, District of Utah
  • United States District Court, District of Nevada