Richard A. Forsten has more than 20 years of experience in the areas of land use and land use litigation, commercial and real estate transactions, financings, construction and mechanics' lien law, environmental law and permitting.
The primary focus of Mr. Forsten's practice is land use and commercial real estate, including both transactional work and litigation. He has represented a variety of owners and developers in complex and challenging land use matters throughout the state of Delaware on residential, commercial, office and industrial projects. These projects have included the successful rezoning and redevelopment of the Brandywine Town Center, a former harness race track in northern New Castle County, and one of the most controversial land use matters in Delaware history. More recently, he has represented the developers of "Westown," a 2000-acre master planned project in Middletown, Delaware, that includes residential, commercial, office and industrial park components.
In addition, Mr. Forsten has been involved in numerous other rezonings, subdivision approvals, variances and other Board of Adjustment proceedings throughout the state of Delaware. He has experience in vested rights and federal civil rights claims, and was co-counsel with fellow Partner William E. Manning in representing the developer in the first Delaware case where attorneys' fees were awarded under 42 U.S.C. §1988 to a developer. He also represents clients in eminent domain and takings cases.
Mr. Forsten is active in commercial and office leasing, commercial and construction financing, and environmental matters. He has represented purchasers and sellers of commercial projects, commercial and office tenants, banks and construction companies. He has successfully represented property owners in some of the largest property tax assessment appeals in Delaware, receiving some of the largest reductions in Delaware history, and has experience in drafting, preparing and negotiating construction contracts, as well as mechanics' liens and other construction claims and litigation.
Finally, Mr. Forsten has experience in the legislative and political process. He was one of the principal draftsmen of Delaware's Video Lottery Act, and has drafted pieces of legislation at the state, county and municipal levels.
Mr. Forsten serves on the Board of Directors for the Homebuilders Association of Delaware and the Executive Committee of the Delaware State Bar Association. He was appointed receiver for a disbarred lawyer's legal practice by the Delaware Court of Chancery and was recognized for exemplary pro bono public service by the Delaware Supreme Court for his work on the matter. He has served as general counsel to the Delaware Republican Party for many years. He was one of the principal authors of the "Delaware Plan," a plan for revising the presidential primary system and endorsed by the Brock Commission and the Rules Committee of the National Republican Party.
Mr. Forsten is frequently tapped to write and speak on land use and other topics and reviews books every month for In Re:, the Delaware State Bar Association monthly magazine.
Honors and Awards
- Named one of "America's Leading Lawyers for Real Estate Zoning/Land" by Chambers USA, 2003 to present
- Named to "The Best Lawyers in America" list, Land Use and Zoning, by Woodward/White, 2007 to present
- Designated a "Delaware Super Lawyer" by Philadelphia magazine and Law and Politics magazine, 2009, 2010
Memberships and Affiliations
- Member, Permanent Advisory Committee on Supreme Court Rules, Delaware Supreme Court
- Executive Committee, Delaware State Bar Association
- Board of Directors, Home Builders Association of Delaware
- American Bar Association
- Counsel, Delaware Republican Party