David C. Kirk

Partner

Atlanta
Business Phone: 404.885.3415
Business Fax: 404.962.6794

david.kirk@troutman.com

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David Kirk is the only practicing attorney in the State of Georgia who also is a member of the College of Fellows of the American Institute of Certified Planners. As such, David possesses an unmatched combination of education, experience, and expertise which he uses to assist clients in a broad range of development and redevelopment matters. His practice focuses on land use, zoning, permitting, annexation, telecommunications law, urban development and redevelopment, ethics, and other state and local regulatory matters.

Prior to attending law school and beginning his legal career, David worked for 12 years in the land use and transportation planning divisions of the Atlanta Regional Commission, where he managed projects planning for a multi-modal terminal for downtown Atlanta and the expansion of Hartsfield-Jackson International Airport, among others.

David represents telecommunications companies, developers, a major retail company, a leading hospital, neighborhood groups, community foundations, and individuals before various planning bodies in the Atlanta region and throughout Georgia. He has represented clients in legislative matters before the Georgia General Assembly, and in administrative matters before state agencies. He also assists other clients of the Firm’s Public Law and Real Estate Sections in a variety of regulatory matters.

David is committed to his community. He donates his legal skills and time to a wide variety of pro bono clients and non-profit organizations, and has served on numerous local government task forces involved in planning, permitting and development issues.

Representative Matters

  • Zoning and Development Counsel for developer of largest corporate office project in metro Atlanta’s history.
  • Counsel to developers on residential and mixed-use infill and redevelopment projects.
  • Redevelopment and Land Use counsel on the team that prepared the Atlanta Beltline Tax Allocation District Plan for the Atlanta Development Authority (now “Invest Atlanta”). The Atlanta BeltLine has been recognized nationally and internationally for its transformative effect on Atlanta's intown neighborhoods.
  • Counsel to wireless communication companies in connection with obtaining local zoning and development approvals for telecommunications facilities in Georgia.
  • Counsel to national retailer on land use and zoning issues throughout Georgia.
  • Counsel to leading children's hospital on zoning and related land-use issues.
  • Counsel in the expansion, renewal, and operation of Community Improvement Districts in downtown Atlanta and in the Central Perimeter area.
  • Counsel to public and private entities in the creation of Tax Allocation Districts in Georgia.
  • Counsel to a charitable foundation in local annexation, zoning, and community redevelopment matters related to the redevelopment of the community surrounding Atlanta's East Lake Golf Club including the first major annexation by the City of Atlanta in a generation and the development of two charter schools, more than 500 units of mixed-income rental housing, an executive golf course, and facilities supporting the operation of the foundation and the PGA TOUR Championship golf tournament.
  • Counsel to major resort/residential developer in obtaining local zoning and development of regional impact approvals for a six-hundred acre mixed-use lakefront development.
  • Counsel to major rail carrier for the development of rail transportation facilities in the metropolitan Atlanta area.
  • Counsel to development community in connection with Development of Regional Impact reviews by the Georgia Regional Transportation Authority and regional commissions.
  • Counsel to local governments on various planning, zoning, annexation, and municipal law matters.
  • Counsel to various businesses, civic associations, neighborhood groups, and individuals on zoning, planning, and development matters before local and regional authorities.

Selected Publications & Recent Presentations

  • "Georgia Supreme Court Hoechstetter v. Pickens County Decision Poses Zoning Process Challenges for Georgia Local Governments," Georgia Planning Association, June 2018.
  • “Recent Developments in Telecommunications Law,” presentation to joint Georgia/South Carolina Planning Conference, October 2016.
  • "Advanced Land Use and Zoning Law," presentation to Georgia Association of Zoning Administrators Summer Conference, August 2014.
  • "Better (and Legal) Decision Making for Planning and Zoning Officials," presentation at American Planning Association National Conference, April 2014.
  • "Georgia Land Use and Zoning Law," presentation to Georgia Association of Zoning Administrators Winter Conference, February 2014.
  • "Georgia Planning and Zoning Law," presentation to Georgia Planning Association, April 2013.
  • "Georgia Land Use Law,' Co-Chair of two-day professional development seminar and presenter of "Telecommunications Law" session, December 2012.
  • "Telecommunications Law Update," plenary session at Georgia Planning Association conference, September 2010.
  • "Avoiding Conflicts of Interest in Zoning Actions," Georgia County Government Magazine, July 2005.

Professional and Community Involvement

  • American Bar Association (State and Local Government Law Section)
  • American Institute of Certified Planners
  • American Planning Association
  • Corporate Leadership Council, Fernbank Museum of Natural History

Rankings and Recognition

  • Selected as a Georgia "Rising Star" in Land Use/Zoning by Law & Politics and Atlanta Magazine, 2006-2009
  • Selected as a member of Georgia's "Legal Elite" by Georgia Trend Magazine, 2006-2007
  • Fellow of the American Institute of Certified Planners – elected 2012
  • Faculty member of Atlanta Regional Commission's Community Planning Academy on planning and zoning law issues, 2001-present
  • Guest lecturer at Georgia State University College of Law and Georgia Tech School of City and Regional Planning, 2014
  • Leadership Atlanta, Class of 2012
  • Regional Leadership Institute, Class of 2005

Professional Experience

  • Partner, Troutman Sanders LLP, 2006-present
  • Associate, Troutman Sanders LLP, 1999-2005
  • Atlanta Regional Commission
  • Deputy Chief of Transportation Planning, 1992-1996
  • Principal Transportation Planner, 1985-1992
  • Senior Land Use Planner, 1984-1985

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Education

  • University of Michigan, J.D., 1999
  • Harvard University, M.C.R.P., 1982
  • Duke University, B.A., magna cum laude, 1979
  • Australian National University, Rotary International Foundation Scholar, 1983

Bar Admissions

  • Georgia

Court Admissions

  • Supreme Court of Georgia
  • Georgia Court of Appeals
  • U.S. District Court for the Northern District of Georgia