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Public-Private Partnerships

Development and Finance

Miles & Stockbridge is home to one of the leading public finance practices in the mid-Atlantic region. For over 40 years, we have been included in The Bond Buyer's Municipal Marketplace as a firm whose opinions are generally accepted in the field of municipal finance, and our team of experienced and knowledgeable lawyers have handled bond transactions throughout Washington, D.C., Maryland, Virginia, Delaware, Pennsylvania, and beyond.

Miles & Stockbridge has served as bond counsel in connection with many of the most significant economic development and public-private partnership (P3) projects in the greater Washington region and the state of Maryland. Members of our transactional finance practice group have worked closely with the Greater Washington Board of Trade (GWBOT) to help review and provide direction with respect to P3 legislation in Maryland and Washington, D.C.

Our firm provides real estate, finance and bond counsel legal services for the Union Station Redevelopment Corporation (USRC). The vision for the next century of Union Station is to restore and modernize the station itself; develop more than three million square feet of office, residential, retail and hotel space in the air rights above the existing train yard into a world-class intermodal transportation hub; and create a new urban neighborhood that will bridge growing neighborhoods now separated by train tracks.

We served as counsel to MEDCO in connection with issuance of $300 million-plus Private Activity Bonds Series 2016 for a light rail P3 project in Montgomery and Prince George’s Counties in Maryland—the first major P3 project under Maryland’s new P3 legislation and was structured around availability payments from the Maryland Department of Transportation. 

We served as bond counsel to MEDCO in connection with the Maryland Port Authority’s privatization and financing of the Seagirt Marine Terminal in Baltimore’s harbor, which is now operated pursuant to a lease and concession agreement.

Additionally, our team has significant experience in land-based infrastructure transactions, including special taxing districts (STD), tax increment financings districts (TIF) and transit-oriented development projects (TODs)—all of which are types of P3 projects. We served as bond counsel and transaction counsel to MEDCO in connection with the Ownings Mills Metro Centre TIF—the first and only transaction closed to date using the expanded authority of MEDCO to participate in TIF deals pursuant to legislation enacted by the Maryland General Assembly that we played a lead role in drafting. We are serving as counsel to MEDCO in connection with the Port Covington TIF in Baltimore City. We are serving as bond counsel to MEDCO in connection with a proposed TIF for the redevelopment of Sparrows Point in Baltimore County. Additionally, we are serving as bond counsel to MEDCO in connection with two proposed TIFs in Anne Arundel County. 

We are serving as counsel to a company that owns, manages, and develops commercial, residential and mixed-use real estate throughout the country. Our representation consists of handling TIF work for the master developer and majority land owner for the Downtown Columbia master plan and in connection with its redevelopment of a major shopping mall in Alexandria, Virginia.

Other significant P3 projects for which our team has served as bond or transaction counsel include:

  • legal advisory services for the District of Columbia’s Office of Public-Private Partnerships;
  • the proposed integrated trolley and bus system in Washington, D.C.;
  • National Harbor, a 7,000,000-square-foot, mixed-used community along the Potomac River;
  • Cambridge Hyatt development and $171 million bond financing of a 400-room hotel, golf course, spa and resort in Cambridge, Maryland;
  • and numerous transactions involving public and private infrastructure and development for a state university system and MEDCO.

Procurement

Our public procurement and grant lawyers have decades of experience representing public and private companies—including national and multi-national businesses, start-ups, quasi-public entities and interstate compacts—on litigation and counseling matters covering the myriad issues related to federal, state and local procurements and grants, from solicitation preparation and proposal evaluation; to contract formation and negotiation; to creation and implementation of compliance programs; to bid protests and contract performance disputes; to audits, investigations and allegations of fraud, waste and abuse—and more. 

With respect to quasi-public entities and interstate compacts, our attorneys have counseled on the creation and implementation of procurement systems, including solicitation preparation and evaluation, bid protest processes, codes of conduct, contract administration, and suspension and debarment proceedings, including systems that incorporate the rules applicable to the use of federal grant funds. 

We have represented the operator of a two-airport system that provides domestic and international air service for the mid-Atlantic region in connection with the enhancement of its procurement procedures, its internal bid protest process and in litigation related to the interpretation and implementation of its interstate compact and related statutes and leases, including with respect to jurisdictional issues arising out of the authority’s complex statutory and regulatory framework; specific disputes relating to construction, concession and other projects; and privilege issues regarding board proceedings before U.S. district courts in the Eastern District of Virginia and D.C., the Fourth Circuit Court of Appeals, the U.S. Supreme Court and Virginia state courts, including the Virginia Supreme Court.