“We work every day to solve our clients’ legal problems, helping them understand the nature of the legal risks they face and enabling them to make decisions that are both practical and economical. And when our clients’ interests are better served by a more aggressive approach, we do not shrink from the fight – we bring it.”

Jay focuses his practice on real estate law and communications infrastructure development. During his 30-plus years of practice, Jay has assisted telecommunications companies in finding successful solutions to difficult regulatory challenges, resulting in the development of infrastructures that support some of the most important, emerging technologies in the country.

Jay’s areas of practice include:

  • Real estate transactions
  • Local and tribal government relations
  • Use and regulation of rights of way
  • Zoning and land use
  • Public contract negotiations
  • Native American Indian law

To achieve favorable results for his clients, Jay combines his experience in the fields of real estate transactions, state and federal telecommunication regulations, the use and regulation of public and private rights of way, zoning and land use, and Native American Indian law. He is the author of The Impact of Land Use Regulation on Cellular Communications: Is Federal Preemption Warranted? which reflects his interdisciplinary practice approach.

Experience

  • Drafting and negotiating agreements with federal, state, local, and tribal government entities to enable the use of public lands and structures by private entities.
  • Negotiating with local, state, and federal officials to enable wireless installations to be built on public lands, including the very first cellular installation on land regulated by the federal Department of Transportation along Interstate 394 in Minnetonka, Minnesota.
  • Resolving permitting and related issues surrounding the use of Native American Indian tribal lands and those lands with native cultural and religious significance, which involved issues with the National Environmental Policy Act and State Historical Preservation offices.
  • Working with state and local government agencies for the use of rights of way for fiber-optic installation, including the right to use a portion of right of way that crosses the Minnesota Valley National Wildlife Refuge along Interstate 494 in Bloomington, Minnesota, at a time when the state of Minnesota had adopted a policy that prohibited any installation of such lines.
  • Representing clients before state, local, and federal regulatory agencies run by both elected and appointed officials. This practice has led Jay to appear in, and otherwise work with, scores of cities, townships, and counties in the Midwest.
  • Representing one of the nation’s largest wireless communications (voice and data) companies for its real estate activities in the Upper Midwest, providing advice related to the acquisition of real estate fee interests for both local and regional switching centers, easements, rights of way, and leasehold interests, involving hundreds of sites under different stages of development at any one time.
  • Designing and collaborating in refining a secure, web-based extranet to report the status of each pending project to client personnel and their outside consultants while limiting access to privileged information to ensure that the attorney-client privilege remains intact, allowing clients and consultants to perform their work effectively and efficiently.

Credentials

Education

University of North Dakota School of Law, J.D.; with distinction; American Jurisprudence Award

University of North Dakota, College of Business and Public Administration, B.S.; magna cum laude

Admissions

  • Minnesota
  • Nebraska
  • North Dakota
  • South Dakota
  • U.S. District Court District for the District of Minnesota
  • U.S. District Court District for the District of North Dakota
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Supreme Court

News & Insights

Publications

  • The Impact of Land Use Regulation on Cellular Communications: Is Federal Preemption Warranted?
    45 Fed. Comm. L. J. 247 (1993), 01.01.1993

Affiliations

Professional Associations

  • American Bar Association – State and Local Government Law Section; Communications Law Forum Section; Public Utility, Communications, and Transportation Section
  • Minnesota State Bar Association – Communication Law and Real Property Sections
  • North Dakota State Bar Association
  • Hennepin County Bar Association
  • Former panelist, Regional Communications Law Forum sponsored by Minnesota CLE
  • Former guest lecturer on related zoning and land use topics, Hamline School of Law

Community Involvement

  • Member and community service volunteer, Incarnation Lutheran Church, Shoreview, Minnesota
  • Regular volunteer, Feed My Starving Children
  • Scoutmaster, Cubmaster, merit badge counselor, Eagle Scout project mentor, and Troop Committee member, Troop 416 and Pack 416, Shoreview, Minnesota
  • Former youth baseball coach, Little Lakes Little League, Shoreview Area Youth Baseball and Centennial Lakes Little League
  • Former team photographer, Irondale High School alpine ski race team
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