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David J. Tshudy

David J. Tshudy is of counsel in the Real Estate Practice Group of Pepper Hamilton LLP, resident in the Harrisburg office. Mr. Tshudy concentrates his practice in the areas of real estate and land use. He is experienced in all aspects of real estate development, acquisition, financing and leasing.

Examples of Mr. Tshudy’s work include representing:

  • a parking authority in the negotiation and documentation of a long-term lease of its facilities as part of a $280 million public-private partnership transaction
  • a national fast food restaurant franchisee in Pennsylvania zoning and real estate matters
  • a multi-family developer in obtaining zoning and land development approvals and HUD-insured financing for the expansion of an existing apartment complex
  • a mezzanine lender in the drafting and negotiation of over 30 mortgages and deeds of trust securing a $10 million loan
  • a real estate investment trust (REIT) in the acquisitions and sales of shopping centers and other properties
  • commercial borrowers in the preparation of Pennsylvania mortgage enforceability opinion letters used in loan transactions
  • a commercial developer in obtaining zoning subdivision and land development approvals for a multi-unit retail and office development
  • a residential developer in obtaining subdivision and land development approvals for a 175-unit development located in two municipalities
  • an industrial developer in the subdivision and acquisition of raw land for the development of a warehouse
  • a hotel developer in the permitting and financing of the construction of a new hotel
  • a multi-family developer in negotiating a sewer capacity agreement with a municipal authority to serve a 149-unit townhouse apartment complex
  • a municipal authority in the transfer of a wastewater treatment plant to a municipality
  • a hardwood manufacturer in a successful substantive validity challenge to a township’s zoning ordinance that illegally restricted forestry activities
  • a shoe and boot manufacturer in the appeal of the tax assessment of its industrial property
  • a commercial developer in the rezoning of properties and text amendments to a zoning ordinance to allow for a mixed-use development
  • commercial and multi-family property owners in the creation of condominiums
  • a multi-municipal appeals board created under the Pennsylvania Construction Code Act
  • property owners and municipalities in appeals of land use decisions before the Commonwealth Court of Pennsylvania
  • charities, including a school for orphans and an operator of church camps, in obtaining real estate tax exemptions
  • commercial landlords and tenants in the drafting and negotiation of industrial, retail and office leases.
In 2001, Mr. Tshudy was appointed assistant counsel to the Pennsylvania Legislative Reapportionment Commission, where he worked closely with the chairman of the Commission and leading members of the Pennsylvania General Assembly.

Mr. Tshudy regularly lectures and writes on real estate-related matters, and in December 2012 taught at a continuing legal education seminar titled “Resolving Real Estate Title Defects” sponsored by National Business Institute. He is a member of the American, Pennsylvania, Lebanon County and Dauphin County Bar Associations, and is the past chair of the Lebanon County Young Lawyers Division. He is also a member of Urban Land Institute and an associate member of the Greater Harrisburg Association of REALTORS. Mr. Tshudy serves on the board of directors of Jack and Jill Kindergarten, Inc., in Lebanon, Pennsylvania.

Prior to joining Pepper, Mr. Tshudy practiced with Stevens & Lee in Harrisburg.

Mr. Tshudy is admitted to practice in Pennsylvania, as well as before the U.S. District Courts for the Eastern and Middle Districts of Pennsylvania.



Education
B.A. 1996, cum laude, Wagner College
J.D. 2000 Dickinson School of Law, Pennsylvania State University; member, Woolsack Honor Society and Appellate Moot Court Board

Clerkships
2000-2001 Law Clerk to Hon. Frank J. Montemuro, Jr., Superior Court of Pennsylvania (Philadelphia, PA)

Bar Admissions
Admitted to practice in Pennsylvania


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