Stahl, Bernal & Davies News & Press Information
2009
December News
Oklahoma Wind Energy Conference. Members of the Firm’s Wind Energy Practice Group will attend and host a booth at the REVOLUTION: the Oklahoma Wind Energy Conference December 2-3, 2009 at the Cox Business Services Convention Center, Oklahoma City. Register For The Conference.
Department of Energy Announces Grant Awards. Universal GeoPower was awarded a $1.4 million grant under the American Recovery and Reinvestment Act to generate electricity using geothermal energy harnessed from abandoned oil and gas wells along the Texas gulf coast. Alison Gardner, Brent Stahl and Lisa Chavarria assisted Universal GeoPower in its leasing of the relevant wells and the development of the project.
November News
Brent Stahl Licensed to Practice Law in Oklahoma. On November 9, 2009 Brent Stahl was admitted to the Oklahoma State Bar.
7th Annual Single Malt Scotch Tasting. The Firm will host its 7th Annual Scotch Tasting on November 12, 2009. To RSVP and for event details email TMessina@sbaustinlaw.com.
Texas Taxpayers and Research Association (TTARA) David Sewell and Gilbert Bernal will attend the TTARA annual meeting on November 12-13, 2009, in Austin at the AT&T Conference Center.
Administrative Appeal Set for Hearing. The TracFone Wireless, Inc. and Virgin Mobile USA, LP v. Commission on State Emergency Communications case (Cause No. D-1-GN-08-003039) is set for trial before Judge Orlinda Naranjo on November 18, 2009, at 2:00 p.m.
Texas Tax Workshop. David Sewell will be the instructor for the Texas Extension EducationFoundation, Inc.’s full-day 2009 Texas Tax Workshop. For more about the course and to register go to the Foundation’s website, www.taxworkshop.com. The course will be held in the following cities: Austin (November 4), Dallas/Richardson (November 10), San Antonio (November 20), Houston (December 10), and El Paso (December 11). Austin, TX
Loan Work Out Panel Discussion. On November 17, 2009 6:30 p.m. Brent Stahl will speak on commercial real estate loan workouts at an event entitled, Any money out there? Ideas for working out old loans and making new ones - A Panel Discussion. To be held at the Jewish Community Association of Austin. To register, contact Elaine Vasquez, 512-795-9937 ext. 10, or elaine.vasquez@shalomaustin.org.
October News
Completion of Largest Wind Farm in the World. The Firm recently helped close the real estate transaction work for the final phases of the World’s largest wind energy project. Located in Roscoe, Texas and developed by E.ON Climate & Renewables, the Roscoe project includes 781.5 MW of installed wind energy generation capacity and its facilities span about 100,000 acres. Firm wind energy lawyers Brent Stahl, David Sewell and Tom Davies represented the developer in all four phases of the project.
Commercial Real Estate Loan – Apartment Complex. Brent Stahl represented the buyer/borrower in the closing of a mortgage loan for an apartment complex in the Dallas County, Texas area.
September News
Article on Wind Energy Laws Forthcoming. Brent Stahl and Lisa Chavarria completed an article entitled, "Wind Energy Laws and Incentives: Survey of Selected State Rules." It will be published in the forthcoming edition of the Washburn Law Journal (Fall 2009). The article examines wind energy laws and rules in 17 key wind states: California, Colorado, Illinois, Iowa, Kansas, Minnesota, Missouri, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas and Wyoming.
Commercial Real Estate Loan – Apartment Complex. David Sewell represented the borrower in the closing of a mortgage loan refinance for an apartment complex in Austin, Texas.
August News
Commercial Real Estate Loan – Apartment Complex. David Sewell represented the borrower in the closing of a mortgage loan refinance for an apartment complex in Austin, Texas.
Lisa Chavarria Licensed to Practice Law in Kansas. On August 14, 2009 Lisa Chavarria was sworn in as a member of the Kansas State Bar.
July News
Alison Gardner Named Partner. Alison Gardner became a full equity partner in the Firm July 1. Alison works in the Firm’s Wind Energy, Zoning and Entitlement, and Commercial Real Estate Practice Groups.
June News
Lisa Chavarria named Conference Chair of 2010 Wind Energy Institute. Lisa Chavarria will again chair the Wind Energy Institute sponsored by the University of Texas School of Law. This is the fourth year that Lisa has chaired the conference; the 2010 event will be held at the Austin Convention Center on February 2-4, 2010. Brent Stahl will again serve on the Planning Committee for the Conference.
May News
Firm Wind Energy Group attends AWEA Conference. Five members of the Firm’s Wind Energy Practice Group attended the 2009 Windpower Expo held May 4-7 in Chicago. The annual conference is organized by the American Wind Energy Association (AWEA). Firm members in attendance were Lisa Chavarria, Alison Gardner, David Sewell, Tom Davies, and Brent Stahl. Next year’s Expo will be held in Dallas, Texas.
Firm Conducts TREC accredited MPE Course for Commercial Real Estate Brokerage Group. Members of the Firm’s Commercial Real Estate Group taught a course in May on Real Estate Strategies in a Soft Economy. David Sewell, Tom Davies, and Alison Gardner presented the course in the Austin office of C.B. Richard Ellis. Topics included loan workouts, discounted note purchase transactions, foreclosure issues, zoning and entitlement matters, and buying and selling commercial real estate in bankruptcy cases.
Commercial Real Estate Loan Modification. The Firm represented the borrower in a multi-million dollar loan modification negotiation and closing for a Texas commercial real estate development. Brent Stahl acted as the Firm’s lead attorney on the transaction, with assistance provided by David Sewell.
April News
Construction Closing for Pennsylvania Wind Energy Project – Stony Creek Wind Farm. In April, the Firm completed its pre-construction work for a 52.5MW project in Pennsylvania, assisting the developer with real estate issues for the project. Lisa Chavarria was the lead Firm attorney on the project, with assistance provided by Brent Stahl.
March News
Commercial Real Estate Sale – Retail Development. David Sewell represented the seller in closing the sale of a retail development in Castroville, Texas.
February News
Tax Equity Funding Closes for Turkey Track Energy Center. In December the Firm closed the Texas portion of a 354 MW project portfolio. It represented the developer in the debt and equity financing for the Turkey Track Energy Center. Lisa Chavarria was the lead Firm attorney on the project, with additional assistance provided by Brent Stahl.
Dallas Bar Association Headnotes. An article written by Lisa Chavarria entitled “The Severance of Wind Rights In Texas” appeared in the Dallas Bar Association’s issue of Headnotes focused on Energy Law.
January News
Lisa Chavarria Named Partner in the Firm. In January, Lisa Chavarria became a full equity partner in the Firm. Lisa works in the Firm’s Wind Energy Practice Group.
Wind Energy Institute. Firm lawyers participated in The University of Texas School of Law’s annual Wind Energy Institute held in Austin, Texas. Lisa Chavarria was the Co-Chair of the Conference for the third year. She also moderated a panel discussion on wind energy lease issues. Brent Stahl served on the Planning Committee for the conference. The Firm was also a Gold Sponsor for the event. Firm lawyers Alison Gardner, David Sewell, Thomas Davies, and Lisa Chavarria managed the Firm’s Information Table at the Conference Exhibit Area.
2008
December News
Wind Energy Project Closing. In October the Firm closed another wind energy project. It represented the developer in the closing of tax equity funding for the 150 Megawatt McAdoo Wind Energy project in Dickens County, Texas. Lisa Chavarria was the lead Firm attorney on the project, with additional assistance provided by Brent Stahl.
Commercial Real Estate Acquisition – Raw Land Development Tract. The Firm represented the buyer in closing the purchase of a 67 acre tract of land in Austin, Texas. Brent Stahl was the Firm’s lead attorney on the transaction.
November News
Happy Birthday to us! We’re 15 years young. Stahl, Bernal & Davies was established in 1993 and November marks the 15th anniversary of the Firm. The Firm celebrated with its 6th Annual Single Malt Scotch tasting.
Garrison Brothers Distillery. Tom Davies was interviewed by Texas Lawyer magazine about assisting Dan Garrison with real estate matters involved in the establishment of the first legal bourbon distillery in Texas since Prohibition.
http://www.law.com/jsp/tx/PubArticleTX.jsp?id=1202426144613
Commercial Real Estate Sale -- Industrial/Warehouse Building. The Firm represented the seller in closing the sale of the 123,000 square foot former Dell Factory Outlet building in North Austin. The Firm’s legal team included lead attorney – Tom Davies and Brent Stahl.
October News
COST Conference -- Council on State Taxation. David Sewell and Gilbert Bernal attended the annual COST Conference in Orlando, Florida. They also authored the Texas State Tax Developments paper for the conference. COST is a nonprofit trade association consisting of over 600 multistate corporations engaged in interstate and international business. The annual conference examines new issues arising in state tax matters from all U.S. states.
Commercial Real Estate Acquisition – Apartment Complex. David Sewell represented the buyer in the closing of the purchase of the Fountainhead Apartments in Austin, Texas. The transaction included acquisition financing through Fannie Mae.
Commercial Real Estate Acquisition – Raw Land Development Tract. David Sewell represented the buyer in closing the purchase of a tract in Del Rio, Texas, and related construction financing for a retail site.
September News
Texas Tax Litigation – Franchise Tax Refund Claim. The Firm represented a taxpayer in its successful franchise tax refund claim based on the apportionment of sales receipts under Public Law 86-272. The Firm’s lead attorney in the case was David Sewell, with assistance provided by Gilbert Bernal.
Review of Oil and Gas Law XXIII. Lisa spoke on the topic of the Severance of Wind Rights at the Review of Oil and Gas Law XXIII, sponsored by the Dallas Bar Association.
July News
Commercial Real Estate Refinance – Office Complexes. Tom Davies represented, as Texas counsel, borrower in its $40,000,000.00 refinance of debt secured by three Austin, Texas office projects.
Commercial Real Estate Financing – Marina. Tom Davies represented the owner in a $10,000,000.00 refinance and construction loan secured by a Lake Travis marina complex.
Commercial Real Estate – Marina Expansion. The firm represented the developer in obtaining financing for a multi-million dollar expansion of the Cove Harbor Marina and Drystack in Rockport, Texas. The firm’s legal team included Brent Stahl and Tom Davies.
Commercial Real Estate Financing – Development Site. Tom Davies represented a private lender financing the acquisition of an income producing future development site at the intersection of IH 10 and IH 410 in San Antonio, Texas.
Recreational Ranch Acquisition. The Firm represented the buyer in closing the purchase of a 900 acre recreational and exotic game ranch in Wilson and Karnes County, Texas. The Firm’s legal team included lead attorney Tom Davies and Brent Stahl.
Commercial Real Estate Refinance and Defeasance. The Firm represented the owner/borrower in the refinance and defeasance of a securitized conduit loan on a mini-storage facility located in Austin, Texas.
Commercial Real Estate Acquisition – Raw Land Development Tract. David Sewell represented the buyer in closing the purchase of a tract in Edinburg, Texas, and related construction financing for a retail site. The transaction was part of a tax-free 1031 exchange.
June News
Commercial Real Estate Acquisition – Raw Land Development Tract. David Sewell represented the buyer in closing the purchase of a tract in Rio Grande City, Texas, and related construction financing for a retail site.
Commercial Real Estate Lease – Call Center. Tom Davies represented the tenant in the lease of a 30,000 square foot office in Austin, Texas.
May News
Commercial Real Estate Acquisition – Shopping Center. The Firm represented the buyer in closing the purchase of the Carrollton Shopping Center in Dallas, Texas. The Firm’s legal team included lead attorney – Alison Gardner and Brent Stahl.
Recreational Ranch Acquisition. The Firm represented the buyer in closing the purchase of a 733-acre recreational ranch in Mills County, Texas. David Sewell was the Firm’s lead attorney on the transaction.
Tenth Annual Telecom, Cable and Wireless Conference. Gilbert Bernal spoke at the Tenth Annual Telecom, Cable and Wireless Conference sponsored by the University of Texas School of Law. Mr. Bernal spoke on the topic of state fees and taxes imposed on telecom, cable, and wireless companies, with his talk focusing on the current controversy between prepaid wireless service providers and the State on the issue of whether these providers are subject to the emergency 911 fee imposed on providers of wireless telecommunications and their subscribers.
April News
Wind Energy Project - Tax Equity Closing. The Firm represented the developer in the closing of tax equity financing for the 209 Megawatt Roscoe Wind Energy project near Roscoe, Texas. The Firm’s legal team included lead attorney - Brent Stahl, David Sewell and Tom Davies.
Commercial Real Estate Sale – Apartment Complex. The Firm represented the seller in closing the sale of the Meridian Apartments in College Station, Texas. The Firm’s legal team included Brent Stahl and Thomas Davies.
Texas Franchise Tax Workshop. David Sewell was one of the instructors for the Texas Extension Education Foundation, Inc.’s full-day Texas Franchise Tax Workshop. The Texas Franchise Workshop was part of the Foundation’s Tax Practitioner Workshop Series and focused on Texas franchise tax topics for practitioners wanting to learn about the revised franchise tax before the first reports under the tax were due in May 2008. The course was presented on separate dates in Austin, Dallas, Houston, and San Antonio.
Commercial Real Estate Acquisition – Raw Land Development Tract. David Sewell represented the buyer in closing the purchase of a tract in Big Spring, Texas, and related construction financing for a retail site. The transaction was part of a tax-free 1031 exchange.
Commercial Real Estate Sale – Retail Development. David Sewell represented the seller in closing the sale of a retail development in Clovis, New Mexico. The sale was part of a tax-free 1031 exchange.
Mixed Use Condominium Project. Tom Davies represented the developer of a 27-unit residential and retail condominium development in Austin, Texas. The firm prepared the documentation setting up the condominium regime.
Recreational Property Purchase. Tom Davies represented the buyer in acquiring a recreational property near Dripping Springs, Texas.
March News
Welcome Alison Gardner. Alison Gardner joined the Firm in March to practice in its Wind Energy, Commercial Real Estate and Zoning/Entitlement Groups.
Wind Energy Project - Tax Equity Closing. The Firm represented the developer in the closing of tax equity financing for the 120 Megawatt Camp Springs II Wind Energy project near Snyder, Texas. The Firm’s legal team included lead attorney - Brent Stahl, David Sewell and Tom Davies.
Wind Energy Project - Tax Equity Closing. In March the Firm also represented the developer in the closing of tax equity financing for the 120 Megawatt Stanton Wind Energy project in Martin County, Texas. The Firm’s legal team included lead attorney - Brent Stahl, David Sewell, Tom Davies, Lisa Chavarria, and Alison Gardner.
Commercial Real Estate Acquisition – Industrial Building. David Sewell represented the buyer in closing the purchase of an industrial building located in Texarkana, Arkansas.
Commercial Real Estate Acquisition – Office Building Site. Tom Davies represented the buyer in the closing of the purchase of an office building site in Cedar Park, Texas. The transaction included acquisition and construction financing through Chase Bank.
February News
Wind Energy Project - Tax Equity Closing. The Firm represented the developer in the closing of tax equity financing for the 126.5 Megawatt Champion Wind Energy project near Roscoe, Texas. The Firm’s legal team included lead attorney - Brent Stahl, David Sewell and Tom Davies.
Wind Energy Institute. Firm lawyers participated in The University of Texas School of Law’s annual Wind Energy Institute held in Austin, Texas. Lisa Chavarria was the Co-Chair of the Conference for the second year. Lisa also moderated a panel discussion on wind energy lease issues and presented a paper discussing issues encountered when landowners sever wind rights or wind royalties. Brent Stahl served on the Planning Committee for the Conference and presented a paper on survey and title issues related to wind energy transactions. The Firm was a Silver Sponsor for the event.
January News
David Sewell Named Partner in the Firm. In January, David Sewell became a full equity partner in the Firm. David’s practice areas include commercial real estate, wind energy law, and Texas state sales/franchise tax law.
Commercial Real Estate Refinance – Office Complex. Tom Davies represented, as Texas counsel, a borrower in its $31,000,000.00 refinance of debt secured by an Austin, Texas office project
Texas Tax Litigation -- Sales Tax and Franchise Tax Voluntary Disclosure. David Sewell represented the taxpayer in completing its voluntary disclosure of Texas sales taxes collected and not remitted, uncollected Texas sales tax, and unpaid Texas franchise tax.
Commercial Real Estate Acquisition – Raw Land Development Tract. David Sewell represented the buyer in closing the purchase of a tract in Lockhart, Texas, and related construction financing for a retail site.
Texas Franchise Tax Decision Gilbert Bernal and David Sewell litigated a Texas franchise tax administrative hearing against the Comptroller of Public Accounts before the State Office of Administrative Hearings (SOAH) in Hearing No. 304-08-0635.13. (Comptroller Hearing No. 47,869). The Honorable Al Stoll presided at the hearing which involved the add-back of officer and director compensation to the taxpayer’s earned surplus. The specific issue involved whether the taxpayer’s officers had participated in significant policy making aspects of the corporate operations or whether they had the authority to so participate. Judge Stoll in his Proposal for Decision ruled that the officers in issue did not so participate or have the authority to participate in significant policy making. Therefore, none of the officer’s compensation had to be added back to earned surplus. The Comptroller’s final decision on the Proposal for Decision is still pending.
2007
December News
Commercial Real Estate Acquisition – Office Building. The firm represented the buyer in the closing of the purchase of an office building in Austin, Texas. The transaction included acquisition financing through PlainsCapital Bank. The Firm’s legal team included lead attorney Tom Davies and Brent Stahl.
Commercial Real Estate Acquisition – Apartment Complex. The firm represented the buyer in the purchase of the Barkwoods Apartments in Austin, Texas. The firm’s legal team included Brent Stahl and Tom Davies.
November News
Wind Energy Project - Construction Loan Closing. In November the Firm represented the developer in the closing of construction financing for the 120 Megawatt Stanton Wind Energy project in Martin County, Texas. The Firm’s legal team included lead attorney - Brent Stahl, David Sewell, Tom Davies, and Lisa Chavarria.
Texas Tax Workshop. David Sewell was the instructor for the Texas Extension Education Foundation, Inc.’s full-day Texas Tax Workshop. The Texas Tax Workshop was part of the Foundation’s Tax Practitioner Workshop Series and focused on Texas franchise tax and Texas sales tax topics. The course was presented on separate dates in Austin, Dallas, Fort Worth, Houston, and San Antonio.
October News
Wind Energy Project - Construction Loan Closing. The Firm represented the developer in the closing of construction financing for the 120 Megawatt Camp Springs II Wind Energy project near Snyder, Texas. The Firm’s legal team included lead attorney - Brent Stahl, David Sewell and Tom Davies.
Commercial Real Estate Sale – Office Building. In October, the Firm also represented the seller in closing the sale of the 190,000 square foot McAllister Plaza Office Building in San Antonio, Texas. The Firm’s legal team included David Sewell and Brent Stahl.
COST Conference -- Council on State Taxation. David Sewell and Gilbert Bernal attended the annual COST Conference in Phoenix, Arizona. They also authored the Texas State Tax Developments paper for the conference. COST is a nonprofit trade association consisting of over 600 multistate corporations engaged in interstate and international business. The annual conference examines new issues arising in state tax matters from all U.S. states.
Welcome Lisa Chavarria. Lisa Chavarria joined the Firm in October to practice in its Wind Energy group.
September News
Wind Energy Project - Construction Loan Closing. The Firm represented the developer in the closing of construction financing for the 126.5 Megawatt Champion Wind Energy project near Roscoe, Texas. The Firm’s legal team included lead attorney - Brent Stahl, David Sewell and Tom Davies.
Commercial Real Estate Acquisition – Raw Land Development Tract. David Sewell represented the buyer in closing the purchase of a tract in Roswell, New Mexico, and related construction financing for a retail site.
August News
Corporate Transaction – Sale of Dental Practice. David Sewell represented the seller in the sale of his Austin, Texas, dental practice.
July
Commercial Real Estate Acquisition – Raw Land Development Tract. David Sewell represented the buyer in closing of the purchase of a tract in Clovis, New Mexico, and related construction financing for a retail site.
June News
Wind Energy Project - Tax Equity Closing. In June the Firm represented the developer in the closing of tax equity financing for the 103.5 Megawatt Camp Springs I Wind Energy project near Snyder, Texas. The Firm’s legal team included lead attorney - Brent Stahl, David Sewell and Tom Davies.
Texas Tax Litigation – State v. Essentially Yours Industries, Inc. Gilbert Bernal and David Sewell successfully represented Essentially Yours Industries, Inc. in a sales tax collections lawsuit prosecuted by the State in Travis County District Court. The District Court’s decision in favor of the taxpayer on all issues was upheld on appeal. The case number in the Third Court of Appeals in Austin, Texas, is 03-07-00506-CV. The appellate court’s opinion is available on the Third Court of Appeals’ website and is reported at 2008 Tex. App. Lexis 6466. May News
Wind Energy Project - Construction Loan Closing. In May the Firm represented the developer in the closing of construction financing for the 209 Megawatt Roscoe Wind Energy project near Roscoe, Texas. The Firm’s legal team included lead attorney - Brent Stahl, David Sewell and Tom Davies.
February News
Wind Energy Institute. Firm lawyers participated in The University of Texas School of Law’s annual Wind Energy Institute held in Austin, Texas. Lisa Chavarria was the Co-Chair of the Conference. She also participated in a panel discussion on landowner and developer perspectives on wind energy lease issues. Brent Stahl presented a paper on key survey and title issues encountered in wind energy development transactions.
March
Commercial Real Estate Lease – Retail Site. The Firm represented the tenant in the lease of a 35,000+ square foot retail site in Austin, Texas. David Sewell was the firm’s lead attorney on the transaction.
January
Commercial Real Estate Acquisition – Raw Land Development Tract. David Sewell represented the buyer in closing the purchase of a tract in Castroville, Texas, and related construction financing for a retail site.
2006
December News
Commercial Real Estate Sale – Office Building. The Firm represented the seller in closing the sale of the 180,000 square foot 823 Congress Office Building in Downtown Austin, Texas. Brent Stahl was the Firm’s lead attorney on the transaction.
Commercial Real Estate Acquisition – Raw Land Development Tract. David Sewell represented the buyer in closing the purchase of a tract in Caldwell, Texas, and related construction financing for a retail site.
November News
Wind Energy Project - Construction Loan Closing. In November the Firm represented the developer in the closing of construction financing for the 130.5 Megawatt Camp Springs I Wind Energy project in Scurry County, Texas. The Firm’s legal team included lead attorney - Brent Stahl, David Sewell and Tom Davies.
Texas Tax Workshop. David Sewell was the instructor for the Texas Extension Education Foundation, Inc.’s full-day Texas Tax Workshop. The Texas Tax Workshop was part of the Foundation’s Tax Practitioner Workshop Series and focused on Texas franchise tax and Texas sales tax topics. The course was presented on separate dates in Dallas, Houston, and San Antonio.
August News
Wind Turbine Supply Loan Closing. In August the Firm represented the developer/borrower in the closing of a Turbine Supply Loan Facility. Brent Stahl was the Firm’s lead attorney on the transaction.
Commercial Real Estate Sale – Apartment Complex. The Firm represented the seller in closing the sale of the English Aire Apartments in Austin, Texas. The Firm’s legal team included Brent Stahl and David Sewell.
July News
Commercial Real Estate Acquisition – Marina – Rockport, Texas. The Firm represented the buyer in closing the purchase of the Cove Harbor Marina and Drystack on the Gulf of Mexico in Rockport, Texas. The Firm’s legal team included lead attorney - Thomas Davies and Brent Stahl.
April News
Recreational Ranch Acquisition. The Firm represented the buyer in closing the purchase of a 357-acre recreational ranch in Mills County, Texas. David Sewell was the Firm’s lead attorney on the transaction.
February News
Commercial Real Estate Acquisition – Marina – Lake Travis, Texas. The Firm represented the buyer in closing the purchase of the Sandy Creek Marina on Lake Travis in Travis County, Texas. The Firm’s legal team included lead attorney - Thomas Davies and Brent Stahl.
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