R. Gerard Lutz
Jerry manages a broad range of land use and real estate matters and disputes.
Jerry Lutz advises clients on a broad range of real estate, land use, and zoning matters, including condemnation. Jerry litigates in administrative and court proceedings involving land use entitlements, real estate and leasing disputes, and condemnations and provides counsel for site acquisitions, leasing, redevelopment, and property disposition. Jerry assists clients across a number of sectors, including traditional utilities and industrial development, clean technology, and education.
Education & Credentials
Education
- University of Utah, S.J. Quinney College of Law, J.D., Editor, Utah Law Review, 1985
- University of Utah, B.A., 1981
- Christian-Albrechts-Universität zu Kiel, German Studies, 1980
Bar and Court Admissions
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Washington
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California
- Supreme Court of the United States
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Western District of Washington
- U.S. District Court for the Southern District of California
Clerkships
- Hon. I. Stewart, Supreme Court of Utah
Professional Recognition
Listed in Best Lawyers in America: Land Use and Zoning Law; Real Estate Law, 2017-2024
Listed in Seattle Metropolitan Magazine, "Best Lawyers in Seattle"
Peer Review Rated AV in Martindale-Hubbell
(AV®, BV® and CV® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)
Impact
Professional Leadership
- Former Chair, Firm Wide Pro Bono Committee
News
Professional Experience
Real Estate
Assemblage, Defense and Redevelopment of Family Retail Property
Represent family to assemble family's retail property with neighboring properties for redevelopment, defend assemblage in city street improvement condemnation (including litigation and successful negotiation of smaller take, related environmental remediation of leased property) and subsequent lease of assemblage to national retailer for redevelopment.
Acquisition of Properties for High School
Represent Everett School District in assemblage of properties for Jackson High School.
Disposition of Surplus Property Portfolio
Negotiation and sale of Puget Energy's corporate subsidiary portfolio of surplus industrial, office, commercial, hotel and other properties (including among others the One Bellevue Center, Bellevue Galleria, Bellevue Towers, Sam's Club Renton and Renton Landing sites, and the Salish Lodge).
Good Chevrolet Renton Relocation
Represent Good Chevrolet Inc. in relocation of car dealership to facilitate City of Renton redevelopment project, including property sale to residential/transit/recreational private/public partnership and concurrent assemblage of approximately 70 properties from multiple sellers for relocated dealership.
Liberty Park LLC Redevelopment
Defend owner Liberty Park LLC's interests in condemnation and redevelopment of partially built and partially permitted office development and transfer of development rights from condemned property authorizing new adjacent office building to be enlarged by 50%.
Tenant Lease Representation
Headquarters and other leasing for corporate clients such as Outerwall Inc., Esterline Corporation, Puget Sound Energy and En Masse Entertainment.
Land Use
Lynnwood Recreational Restriction Transfer
Represent Edmonds School District in connection with transfer of federal land use restriction from Old Lynnwood High School site to New Lynnwood High School, together with negotiation of revised Interlocal Agreements between the School District and the City of Lynnwood.
Sammamish View Office Park Entitlements
Represent Kyle Development Company in SEPA and permitting process and successfully defend administrative appeals of entitlements for office development project.
Siting Agreement for The Boeing Company
Assist The Boeing Company in negotiation of 787 Dreamliner Siting Agreement with State of Washington.
Snoqualmie Preservation Project
Represent land developer in structuring, negotiation, and sale of property and development rights to conservation organization in complex multiparty transaction involving public/private partnerships, open-space preservation, development-rights trades, property sales and swaps.
Condemnation
Best Buy Bellevue Store
Represent Best Buy in opposition to City of Bellevue route for extension of NE 4th Street.
Sound Transit Tunnel Project
Represented a number of potential condemnees in connection with negotiation of tunnel easement rights and compensation.
Great Western Malting
Represented Great Western Malting as condemnee/lessee in a partial condemnation of GWM's leasehold interest by its landlord, the Port of Vancouver (Washington) for new rail service to Port's property.
Puyallup School District: New High School Site
Represented School District as condemnor in acquisition of large, preliminarily platted site; resolved by mediated settlement.
Everett School District New High School
Represented School District as condemnor in acquisition of 3 rural parcels; the first two were tried together to jury verdict, the third settled.
Energy
Electric Transmission Projects
Represent Puget Sound Energy in federal, state and local permitting and utility corridor acquisition for the following electric projects, among others: the Lakeside to Center Transmission Line (new 230kV line in downtown Bellevue). Jefferson County Transmission Line (new 230kV transmission line involving Hood Canal submarine cable crossing), East Sammamish Transmission Project (new 230kV point of delivery to Sammamish Plateau).
FERC Hydroelectric Licensing and Related Proceedings
Represent applicants, power purchasers and others in FERC hydroelectric licensing and related proceedings such as Clean Water Act certification, Coastal Zone Management Act consistency certification, NMFS and USFWS section 10(j) and Endangered Species Act consultations, collaborative settlement negotiations and project surrender/redevelopment negotiations (e.g., Wells, Rock Island, Rocky Reach, Priest, Wanapum, Baker, White River, Snoqualmie, Nooksack, Thunder Creek, Elwha and Glines, Black Creek, Stone Creek).
Generation Project Sales and Acquisitions
Represent purchasers, sellers and lessees of electric generating properties including, among others, Centralia (coal), Encogen (co-generation), Stone Creek (hydropower), Frederickson (gas), Wild Horse (wind), geothermal and natural gas storage.
Baker River Project, FERC No. 2150
Represented licensee in compliance licensing and Endangered Species Act litigation, including Washington Trout v FERC (9th Cir. 2003)(Baker River Hydroelectric Project, FERC No. 2150); counsel for licensee in ESA consultations, citizens' suit before FERC and 9th Circuit Court of Appeals, and FERC license amendment proceeding (pending); also represented license applicant in development of protocols for collaborative alternative licensing process.
Black Creek Project, FERC No 6221
Represented licensee in dispute regarding local permitting for Coastal Zone Management Consistency Determination process.
Electron Project
Represented project owner of FERC-license exempt hydroelectric project in Endangered Species and Clean Water Act processes related to salmon protection.
Glines and Elwha Projects, FERC No. 2082
Represented project owner in litigation regarding development of National Environmental Policy Act environmental baseline for hydroelectric project licensing and relicensing of existing project.
Mid-Columbia Projects (Wells, Rock Island, Rocky Reach, Wanapum and Priest Rapids)
Represent power purchasers in projects related to anadromous fish, project capital budgeting and licensing proceedings, and in proceedings before FERC regarding emergency spill suspension during 2000 West Coast power crisis.
Nooksack Falls Project, FERC No. 3721
Represented project owner and license applicant in FERC licensing and related federal, state and local proceedings to expand production at license-exempt project; represent owner in sale of project and transfer of project-related assets following fire to a buyer for project rehabilitation.
PUD No. 1 of Jefferson County v. Department of Ecology
Co-counsel for Industry Amici before Washington and United States Supreme Courts. (Clean Water Act Section 401 litigation)
Stone Creek Project, FERC No. 5264
Represented license transferee in Federal and State license transfer proceedings for small hydroelectric project.
Thunder Creek Project, FERC No. 3913
Represented applicant in National Environmental Policy Act, Section 4(e) and Wild and Scenic Rivers Act processes for small hydroelectric project.
White River Project, FERC No. 2494
Represented licensee for more than 10 years in all aspects of contentious hydroelectric licensing process, including Section 10(j) and 4(e) proceedings related to minimum instream flows and ramping rates anadromous fish; Clean Water Act Section 401 litigation (certification requirement found waived); Coastal Zone Management Act consistency litigation (consistency determination requirement waived); Endangered Species Act compliance counseling; license rehearing request; and development of multi-party collaborative process to develop a non-hydroelectric project alternative to licensing that maintains the project reservoir, Lake Tapps.