Brian S. McCool

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

From City Hall to the closing table to the courtroom, Brian, Chair of Fredrikson’s Real Estate & Construction 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 landowners, developers and builders to help them understand and navigate through the various steps that must be taken to make a development project a reality. Additionally, Brian is also an experienced transactional attorney that represents clients in the acquisition, disposition, joint-venture and debt financing, entitlement, construction and leasing 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 landlord-tenant disputes, construction claims, mechanic’s lien issues, mortgage foreclosure actions, workouts, and zoning disputes.

Land Use & Zoning

• Represented landfill operator in significant nonconforming use rights case, AIM Dev. (USA), LLC v. City of Sartell, 946 N.W.2d 330 (Minn. 2020).  Successfully obtained decision from the Minnesota Supreme Court clarifying what activities constitute a continuation, rather than an expansion, of a nonconforming use in Minnesota.
• 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.

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

Admissions

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

• Top Lawyer – Real Estate Law, Minnesota Monthly, 2024
• Best Lawyers in America, Real Estate Law, 2020-2025
• Minnesota Lawyer, POWER 30 — Real Estate and Construction Law, 2021-2024
• Minnesota Super Lawyers, Land Use / Zoning, 2020-2022; Real Estate, 2023-2024
• Chambers USA: America’s Leading Lawyers for Business, Minnesota - Real Estate, 2021-2024
• Fellow, American College of Real Estate Lawyers, 2023
• Chambers USA: America’s Leading Lawyers for Business, Minnesota — Up & Coming: Real Estate, 2020
• 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

• American College of Real Estate Lawyers, Fellow, 2023
• National Association of Industrial and Office Properties, Member, Public Policy Committee

Community

• St. Odilia Catholic Church, Parish Trustee, 2023-present
• St. Odilia School, Member, School Advisory Council, 2019-2023
• City of Shoreview, Minnesota, Member, Planning Commission, 2012-2018
• Buena Vista University National Alumni Association, Member, Board of Directors, 2004-2010