STEPHEN F. FUSCO is a Partner in the real estate practice in the firm’s Atlanta office. Mr. Fusco has extensive experience with zoning and land use issues, including working with state and local governments and administrative agencies on zoning, special land use permit and variance approvals; annexation and de-annexation of land; Development of Regional Impact (DRI) review; and adoption of zoning ordinances, text amendments and comprehensive plans. Additionally, Mr. Fusco routinely appears before local governments regarding subdivision platting, certificates of appropriateness; impact fees; sign permits; permitting (land disturbance, certificates of occupancy, building, NPDES, etc.); intergovernmental agreements; service delivery strategy agreements; and other land use related issues Mr. Fusco has experience with a vast variety of projects such as mixed use communities, residential subdivisions, industrial parks, waste transfer stations, schools, universities, churches, shopping centers, multi-family communities (town home, condominium, apartments), quarries, auto dealerships and cultural centers throughout the State of Georgia and the United States. Mr. Fusco’s administrative practice is complimented by his experience in the courtroom which includes appeals of zoning decisions, ADA and FHA issues, Section 1983 claims, enforcement and interpretation of land use issues/building codes and other matters. Mr. Fusco currently serves as Fulton County’s alcohol license hearing officer and hears appeals regarding the issuance of liquor licenses.
Representative Experience
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• Represented large national health care provider with the sale of approximately 360 assisted living facilities and nursing care homes throughout the United States and successfully negotiated zoning/land use due diligence issues with lender’s counsel, title insurance companies and buyer.
• Served as counsel for numerous waste handling facility construction projects for a national solid waste company, including siting negotiations, land use approvals and state and federal permitting issues.
• Represented large master planned community developer in obtaining the necessary rezoning and annexation and DRI approvals of over 400 acres of property for a residential community consisting of single-family homes, assisted living facilities and retail uses.
• Obtained numerous approvals for Developments of Regional Impact (DRIs), modifications to DRIs, vested rights for DRI-size developments, and non-DRI status "binding letters."
• Represent developer in securing local approvals and text amendments to accommodate a major costal redevelopment in Southern Georgia.
• Served on Mayor’s Task Force to assist with major revisions to the City of Atlanta’s Zoning Ordinance and permitting process.
• Counsel to developers on residential and mixed-use infill and redevelopment.
• Counsel to various businesses, civic associations, neighborhood groups, and individuals on zoning, planning, and development matters before local authorities.
PROFESSIONAL ACTIVITIES
- State Bar of Georgia
- Barton Child Law and Policy Clinic, Advisory Board
- Kids In Need of Dreams, Truancy Intervention Project
RECENT PUBLICATIONS
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2006
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In A State of Flux: Finding Your Way Through Zoning & Land Use Issues in Newly Formed Municipalities.
Real Property Section Newsletter, State Bar of Georgia
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2005, 2006
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Legal Aspects Of Condominium, Planned Unit Developments And Mixed-Use Communities.
Lorman Educational Services
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2005
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Permitting and Land-Use Regulations.
Lorman Educational Services
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2005
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Zoning 101.
Lorman Educational Services
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2005
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What to Know About the Development of Regional Impact Process.
Lorman Educational Services
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2004
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Municipal Code Violations: Off With Their Heads or a Slap on the Wrist.
Smith, Gambrell & Russell, LLP
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2003
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The Development of Regional Impact Review Process.
BOMA Magazine
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2002
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Large Scale Developments.
Leaders Magazine
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2002
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Understanding the Developments of Regional Impact (DRI) Process.
Professional Educational Services, Inc.
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2002
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Quasi-Judicial Proceeding.
Institute of Legal Education
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2001
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Comparison of Pending Legislation Addressing Pimping and Pandering of Minors.
Barton Child Law and Policy Clinic
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2001
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Strengthen Georgia’s Child Protective Services’ Capacity to Protect Children From Abuse and Neglect.
Barton Child Law and Policy Cl
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2000
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Road Creation.
National Business Institute
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1998
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Agenda Setting and Policy Entrepreneurs: A Case Study of DOMA and ENDA.
Emory University
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November 6, 2007
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May 7-9, 2007
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- Emory Law School, J.D., 2001
- Emory University, B.A., 1998, cum laude.
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Ruby Wilson
Legal Assistant
(404) 962-3518
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