DON J. MINER

Don J. Miner

Don practices in the areas of real estate and business including development, finance, commercial lending, leasing and brokerage matters, loan and acquisition workouts, foreclosures, creditors’ rights and remedies, receivership and bankruptcy. His practice also encompasses development and leasing on Native American lands and State Land Department tracts, affordable housing development, leasing and management, and acting as a consultant in real estate related litigation matters.

Don also handles the negotiation and documentation of development agreements, loans, drafting, negotiation and enforcement of commercial space and ground leases, formation, operation and management of business entities and real estate licensing regulatory compliance matters.

Don is a former owner, immediate past President and an instructor at the Arizona School of Real Estate & Business, the largest private, post-secondary, real estate and business education school in Arizona.

Education

  • J.D., cum laude, Brigham Young University, J. Reuben Clark Law School
  • Editorial Associate, Brigham Young Law Review, 1977-1979

Areas of Practice

We have one of the largest and active Southwestern bankruptcy and creditors’ rights legal practices.

We assist with acquisition and finance through development, leasing and sale.

OTHER EXPERIENCE

  • Commercial Leases
  • Foreclosure, Receivership and Workout Negotiations
  • Purchase and Sale Agreements
  • Real Estate Finance and Lending

Representative Transactions

  • Represented two U.S. automobile manufacturers as Arizona counsel in connection with a total of over $21 billion in U.S. Treasury Loans.
  • Represented a petroleum products refining company as Arizona counsel in a $600,000,000 refinancing and issuance of both secured and unsecured notes.
  • Counsel to a U.S. automobile manufacturer in purchase and financing of a 3,500 acre vehicle testing facility.
  • Lenders’ counsel in foreclosure of a 10,000 acre proposed master planned community.
  • Ground Lessee’s and developer's counsel in connection with a ground lease covering 187 acres of Native American land for development of an entertainment venue that includes the largest fresh and seawater Aquarium in the Southwest.
  • Receiver’s counsel in connection with take-over, completion and disposition of uncompleted high-rise office and retail project.
  • Lender’s counsel in a $27,685,000 loan to a senior living and care facility.
  • Regional counsel to a national non-profit corporation dedicated to providing low-income housing for the elderly and persons with disabilities.

Awards and Honors

  • Southwest Super Lawyers®, Real Estate and Business Law, 2007-2019
  • Best Lawyers in America®, Real Estate Law, 2003-2019
  • "Industry Leader of the Year", Attorney Category, AZRE Magazine, 2011-2012, 2013-2014, 2015-2016
  • Listed as one of "The Top 100 Lawyers in Arizona," as determined and published by AZ Big Media, April 2015
  • Recommended in The Legal 500 US, Real Estate, 2015
  • "Arizona Business Leader, Real Estate Law," one of four so listed for 2013-2014, as determined and published by AZ Big Media, August, 2013
  • Chambers USA, Leading Lawyers for Business
  • AV® Preeminent™ Peer Review Rated (the highest rating available), by Martindale-Hubbell

Articles And Presentations

  • Quoted, "Real Estate Law Trends to Watch This Year," AZ Big Media, May 16, 2018
  • Co-Presenter, "An Expansive Look at Real Estate Practice: From Acquisitions to Leasing to Development," Real Estate law Boot Camp, June 2017
  • Speaker, "An Expansive Look at Real Estate Practice: From Acquisitions to Leasing to Development," Real Estate Law Boot Camp, June 2017
  • Quoted, "Tempe Files Lawsuit to Eject Longtime Squatter From Land Near City's Downtown," Arizona Republic, August 4, 2016
  • Quoted and provided commentary, "Contract Complexity Navigating the Legal Side of Closing a Deal," AZRE Magazine, September/October 2013
  • Lecturer/Teacher at multiple seminars sponsored by the Arizona School of Real Estate & Business, including Real Estate Foreclosures and Short Sales, Receiverships, Purchasing Real Estate out of Bankruptcy Court, Real Estate Purchase Agreements, Real Estate Ground Leases, Ground Leases on Native American Lands, Real Estate Finance, Choosing Entities for Business Transactions, and Law Regulating Real Estate Brokers, 1999-2015
  • Instructor at a bank's Loan Officer Bootcamp, Lending Practices and Documentation, 2015
  • Author of various articles relating to Real Estate Transactions and Financing, Commercial Leasing, Limited Liability Companies and Real Estate Broker Regulations

PROFESSIONAL AND COMMUNITY ACTIVITIES

  • Fellow, Arizona Bar Foundation
  • Member, State Bar of Arizona
  • Member, International Council of Shopping Centers
  • Adjunct Professor, W.P. Carey School of Business, Arizona State University, Real Estate Law, 2008, 2009

ADMISSIONS

  • Arizona