Areas of Practice
Environmental Law, Land Use and Commercial Litigation
Education
J.D., University of Virginia, 1989
B.A.,
University of North Carolina, 1985
Profile
Keith’s practice centers on development or
redevelopment of property, and the environmental, utility and land use
issues that arise from development projects.
He assists developers and local governments with
the planning, permitting and construction of a variety of projects,
including convention centers, parks and other public projects, residential
developments, and marinas. He especially enjoys “brownfields” projects,
redeveloping contaminated property. This work in part involves assisting
clients with compliance with the State Environmental Policy Act.
Keith also represents both local governments and
private parties in disputes over a variety of land use matters, including
claims over responsibility for contamination, disputes among parties in
various development projects, and enforcement of zoning, stormwater and
other local land use ordinances. His litigation experience includes
environmental citizens suits and administrative litigation over inter-basin
water transfers and penalties and other enforcement actions initiated by
State environmental authorities.
He is also co-chair of the firm’s Land Use,
Government and Environmental Section.
Cases of Note
Obtained $1.5M judgment in arbitration for
minority investors in residential development dispute.
Obtained
judgment shutting down a racetrack in nuisance suit, after bench trial.
General Electric Capital Funding
Corp. v. Golden Corral Corp., 2001 U.S. App. Lexis 27344 (4th
Cir. 2001)
- Won summary judgment for franchisor who was sued by franchisee’s
lender to recover franchisee’s debt.
Davis v. City of Mebane, 132 N.C. App.
500, 512 S.E.2d 450
- Successfully moved to strike opponent’s expert’s opinions and won
summary judgment in flood case.
Successfully defended contractor in jury trial arising from lead paint
abatement contract. (1996)
General Textile
Printing and Processing Corporation v. City of Rocky Mount, 908 F. Supp.
1295 (EDNC 1995)
- Won summary judgment for municipality in suit challenging
constitutionality of profit margin in utility fees.
Professional/Community
Activities
Environment, Energy & Natural Resources Law Section Council, North
Carolina Bar Association
YMCA of the Triangle, Board of Directors
Raleigh Chamber of Commerce, Board of Advisors
North Carolina Association of Municipal Attorneys, Member
National Association of Telecommunications Officers & Advisors, MemberNotable Accomplishments
Recognized in The Best Lawyers in America®
(Environmental Law), 2008
Recognized in Business North Carolina Magazine’s "Legal Elite"
(Environmental), 2003, 2007, 2008
Ranked among Law & Politics
magazine's North Carolina “Super Lawyers" (Business Litigation), 2006
- 2008
Selected to Triangle Business Journal’s "40 Under 40," 2002
Publications
Overview of the North Carolina Environmental Policy Act, 2008
The 2006 Amendments to the Landfill Franchise Statute and the Pending
Solid Waste Act of 2007, July 2007
Overview of
Small Business Liability Relief and Brownfields Revitalization Act, 2004
Environmental Due Diligence in Evaluating Real Property for
Acquisition, 2003
Legal Issues Facing Municipalities in North Carolina
Regarding Public and Private Broadband Fiber Optic Systems and Cable and
Telecommunications Services, 2001
Environmental Enforcement Through Citizens Suits, 1997
Case Studies and Lessons Learned from Environmental Phase 1
Litigation
Prior Legal Experience
Law Clerk, United States District Court,
Eastern District of Louisiana, 1990
