As a partner in the firm's Litigation Practice, Paul Carroll has handled numerous cases in both state and federal courts in Chicago, the Midwest and across the country.  He focuses much of his practice on complex, high-stakes financial and real estate litigation, primarily representing developers, buyers, lenders, shopping center developers and owners, contractors, landlords, banks and tenants.

Paul has litigated a wide range of matters involving nearly every type of real estate, from office and retail to condominiums and industrial/manufacturing. His experience includes handling cases relating to easements and covenants of record, condominiums, evictions and other commercial lease disputes, title claims, title coverage disputes, partnership fiduciary duty disputes, injunctions, specific performance and condemnation.

Paul’s hands-on approach to solving clients’ real estate-related problems and disputes, as well as his presentations to industry groups and his commitment to the Chicagoland community, have served his clients well and resulted in many successes.

Paul has been named an Illinois Leading Lawyer in the areas of Land Use, Zoning and Condemnation, Commercial Real Estate and Real Estate Finance.

 

 

Credentials

Education

  • DePaul University College of Law, J.D., 1987
  • University of Illinois at Urbana-Champaign, B.S., 1984

Bar Admissions

  • Illinois

Court Admissions

  • U.S. Court of Appeals for the Seventh Circuit
  • Federal Trial Bar, Northern District of Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Eastern District of Wisconsin

Key Cases or Transactions

  • Represented regional bank in dispute concerning a restrictive covenant affecting the development of an outparcel property. Successfully obtained release of restrictive covenant for nominal consideration pre-trial.
  • Represented national chain of retail optical stores in a dispute with Chicago-based developer seeking to alter client’s premises to facilitate substantial renovation/redevelopment of downtown Chicago office building. Successfully obtained both preliminary and permanent injunctive relief enjoining developer from infringing on tenant’s leasehold interest and significant rent concessions from developer to obtain future cooperation with redevelopment efforts.
  • Represented mining concern in dispute over disbursement of $5 million held under the terms of an escrow agreement executed in connection with a settlement of a condemnation action
  • Represented numerous condominium developers in disputes with independent condominium boards concerning allegations of construction defects, underfunded capital reserve accounts and underpayment of assessments before turnover to association. Also represented numerous condominium developers in partnership disputes concerning construction cost overruns and breaches of fiduciary duties.
  • Represented numerous sellers and buyers in lawsuits seeking specific performance.
  • Represented several downtown office building owners in numerous lawsuits filed by current and former tenants disputing the allocation and calculation of expenses and real estate taxes.
  • Represented landowners from neighboring landowner’s lawsuit alleging the existence of a prescriptive easement.
  • Commercial lease litigation.
  • Condemnation actions.
  • Mortgage foreclosure actions.

Published Opinions

  • Oak Creek Plaza, Ltd. v. America’s Best Contacts & Eyeglasses, Inc., Not Reported in F.Supp.2d, 2004 WL 139581 (N.D.Ill., June 21, 2004)
  • CC Industries, Inc. v. ING/Reliastar Life Ins. Co., 266 F.Supp.2d 813 (N.D.Ill., June 10, 2003)
  • Pronto Two, Ltd., v. Tishman Speyer Monroe Venture, 274 Ill.App.3d 624, 653 N.E.2d 1327, 210 Ill.Dec. 865 (Ill.App. 1 Dist., Aug. 2, 1995)
  • Freeman United Coal Min. Co. v. Office of Worker’s Compensation Programs, 999 F.2d 291 (7th Cir., Aug. 4, 1993)
  • Freeman United Coal Min. Co. v. Office of Worker’s Compensation Programs, 988 F.2d 706 (7th Cir., March 4, 1993)
  • Bank of Northern Illinois v. Nugent, 223 Ill.App.3d 1, 584 N.E.2d 948, 165 Ill.Dec. 514, RICO Bus.Disp.Guide 7924 (Ill.App. 2 Dist., Dec. 24, 1991)
  • Medley v. Strong, 200 Ill.App.3d 488, 558 N.E.2d 244, 146 Ill.Dec. 281 (Ill.App. 1 Dist., June 21, 1990)

Presentations

  • The Development Approval Process in Illinois – Litigating Land Development Issues, March 2008
  • Land Use Litigation, October 2007
  • Identifying and Resolving Title Issues, Coverage Issues, April 2007
  • New Developments in Illinois Eminent Domain Law and Title Insurance, Chicago Mortgage Attorneys Association, September 2006
  • Kratovil Conference for Real Estate Law and Practice – The Takings Clause and Lingle v. Chevron, Regulations, Exactions and Eminent Domain, September 2006
  • Law of Easements, Legal Issues and Practical Considerations, March 2006
  • Accommodating Golfers with Disabilities, National Golf Course Owners Association Solutions Summit, February 2005