Mike Brown has handled litigation involving real property, including disputes involving construction defects and construction product defects. Specifically, since 1997 Mike has served has one of the lead counsel for Dryvit Systems, Inc. in its litigation in Alabama and Mississippi. Mike also assisted Dryvit Systems, Inc. in resolution of a nationwide class action on EIFS issues. He has also litigated other residential and small commercial construction disputes as well as construction defect claims involving mold, asbestos and formaldehyde. Mike was one of the lead lawyers in Keck v. Dryvit Systems, Inc., 830 So. 2d 1 (Ala. 2002) in which the Alabama Supreme Court established a ground-breaking precedent for thousands of other cases as relates to real property and construction matters.
For the past several years, Mike has served as an adjunct professor at the University of Alabama School of Law, where he taught Land Use Planning and Real Estate Finance & Development. Mike has spoken to a variety of groups on issues involving real estate land use and environmental issues.
American Bar Foundation, Fellow Listed in Chambers USA, Real Estate: Zoning/ Land Use, 2023 Listed in Mid-South Super Lawyers "Top 50," Alabama, 2014-2017 Land Use/Zoning, 2009-2023 Listed in Alabama Super Lawyers "Top 50," Land Use/Zoning, 2015 Land Use/Zoning, 2009-2015 Top 50 Lawyers in Alabama, 2014, 2015 Listed in The Best Lawyers in America® Environmental Law, 2017-2024 Land Use and Zoning Law, 2013-2024 Litigation – Environmental, 2012-2024 Litigation – Land Use & Zoning, 2017-2024 Litigation – Real Estate, 2016-2024 Mass Tort Litigation/Class Actions – Defendants, 2011-2024 Product Liability Litigation – Defendants, 2015-2024 Mass Tort Litigation, 2010, 2014 Mass Tort Litigation/Class Actions – Plaintiffs, 2011-2014 "Lawyer of the Year," Birmingham, Litigation – Real Estate, 2020 "Lawyer of the Year," Birmingham, Land Use and Zoning Law, 2016, 2021, 2023 "Lawyer of the Year," Birmingham, Litigation – Land Use and Zoning, 2016, 2022 "Lawyer of the Year," Birmingham. Mass Tort Litigation/Class Actions – Defendants, 2024 Listed in B-Metro, "Top Lawyers," 2019-2020 Bayer v. Saks Dispute over covenant in real estate transaction. Davie v. Jefferson County Condemnation case De Nora Tech, Inc. v. BRAL Holdings, LLC, et. al. , CV-08-672 (N.D. Ala. April 15, 2008). Real estate seller brought specific performance action against purchaser for failure to perform certain obligations under the contract, including compliance with state environmental regulations. Obtained rescission of the contract and a $1,000,000.00 judgment against the company and the individual owners following summary judgment. ISK Tecknologies, Inc. v. EnersysDelaware, Inc., et al. Successful negotiations and settlement of a claim involving lead and acid damage to a manufacturing plant and real property in Alabama. Lender refinancing of resort properties Represented the lender in refinancing to consolidate multiple loans and lines of credit into one indebtedness, with cross collateralization and cross default of the existing collateral for the loans. Condemnation Action Obtained several hundred percent increase in original offer in condemnation action by utility. Construction of Quarries Represent several clients in relation to construction of quarries. Fair Housing Issues Work with municipalities on Fair Housing Issues and issues raised by the Department of Housing and Urban Development. Advised Daniel Realty Company in the formation and capitalization of a joint venture with Evson, Inc. to build the Lane Parke development in Mountain Brook, Alabama Lease Agreement Negotiated terms of restaurant lease. Lease Dispute Won partial summary judgment enabling tenant in an industrial building to win a favorable settlement. Partition Actions Represented two entities in Partition actions. Real Estate Dispute Assist local companies in convincing City of Birmingham not to condemn their properties for a Stadium. Stadium will go elsewhere saving the client’s property AND increasing the value of the property going forward. Real Estate Purchase Contracts Assist company on claims relating to failure to build in real estate purchase contracts. Settlement Recover favorable settlement from title insurer on behalf of landowner after title insurer failed to defend landowner in underlying case. Spirit Financial Represent Nationwide Owner of Commercial Real Estate in several landlord/tenant disputes in Alabama, and Mississippi. Theft Claim Represent client in theft of timber claim. Vestavia Annexation Petition Worked for local professional services firm to oppose annexation. Notasulga Quarry Re-Zoning Work to establish new zoning Subdividing Property and Re-permitting Assist Mueller Water Products in subdividing property and re-permitting several sites in Bessemer and North Birmingham, Alabama. Including, but not limited to, RCRA Post Closure Permitting.
