Alfred R. FuscaldoAlfred R. Fuscaldo has a multi-disciplinary real estate practice with concentrations in (1) zoning, land use, development and related permitting issues, (2) transactional real estate, and (3) leasing.
As a land use attorney, Mr. Fuscaldo has represented clients in a wide variety of residential, office, commercial, industrial, telecommunication and mixed-use projects before zoning boards, planning agencies, governing bodies and appellate courts throughout the Greater Philadelphia region. Mr. Fuscaldo also has extensive experience in conducting land use and permitting due diligence investigations for clients in single-property and multiple property transactions.
Mr. Fuscaldo has represented clients in a broad range of complex transactional matters including the purchase and sale of commercial properties, office buildings, hotels, as well as raw land for varied development projects.
Mr. Fuscaldo also counsels clients in retail, commercial, and telecommunications leasing matters as well as landlord/tenant disputes.
Prior to joining Gibbons, Mr. Fuscaldo was Of Counsel at Morgan Lewis & Bockius, LLP where he headed the land use and zoning practice for the Philadelphia office.
Following his clerkship and before entering into private practice, Mr. Fuscaldo was an Assistant District Attorney with the Chester County District Attorney’s Office.
EducationSt. John's University School of Law (J.D., 1992)
The Pennsylvania State University (B.S., 1989)
Professional AdmissionsCommonwealth of Pennsylvania, 1992
State of New Jersey, 1992
Professional ActivitiesMember, American Bar Association
Member, Pennsylvania Bar Association
Member, Philadelphia Bar Association
Real Property Section Executive Committee
Zoning, Land Use and Code Enforcement Subcommittee
Member, New Jersey State Bar Association
Publications"The Philadelphia Land Bank - What You Need to Know," RPE Law Alert, January 15, 2014
"MPC Alert: Amendments to Notice Requirements under PA Municipalities Planning Code," RPE Law Alert, September 26, 2013
"Brand New Philadelphia Zoning Code Amended After Only 5 Months," RPE Law Alert, January 31, 2013
"Developer Alert: Philadelphia Looking to Establish Land Bank Under New State Legislation," RPE Law Alert, January 29, 2013
"Residential Property Tax Relief Could Be On Its Way to Philadelphia," RPE Law Alert, June 13, 2012
"The New Philadelphia Zoning Code - Take Notice," RPE Law Alert, June 6, 2012
"The New Philadelphia Zoning Code - Coming Soon to a Property Near You," RPE Law Alert, May 16, 2012
"Expansion of Philadelphia Minimum Wage and Benefit Standards Could Impact Retail and Restaurant Tenants," RPE Law Alert, January 20, 2011
"Neither Presence Nor Participation at Township Proceedings Required in Order to Appeal Subdivision/ Land Development Approval in Pennsylvania," RPE Law Alert, November 29, 2010
"Kick the Tires and Check under the Hood: Due Diligence Provisions in Pennsylvania Agreements of Sale; Posting 3 of 3," RPE Law Alert, August 31, 2010
"Kick the Tires and Check under the Hood: Due Diligence Provisions in Pennsylvania Agreements of Sale; Posting 2 of 3," RPE Law Alert, August 24, 2010
"Kick the Tires and Check under the Hood: Due Diligence Provisions in Pennsylvania Agreements of Sale; Posting 1 of 3," RPE Law Alert, August 17, 2010
"Time-out: Pennsylvania Passes Permit Extension Act," RPE Law Alert, July 16, 2010
"Expanded Tax Refunds From Carrying Back 2008 and 2009 NOLs May Be Available," Corporate & Finance/Real Property Alert, November 12, 2009 (Peter J. Ulrich, Alfred R. Fuscaldo)
"Sometimes It's Okay to Be Different: Nonconforming Uses in an Evolving Land Use Climate," The Legal Intelligencer, November 2, 2009
"New Amendments Enacted to Pennsylvania Mechanics Lien Law," In-Sites, August 17, 2009 (William G. Frey, Alfred R. Fuscaldo)
"Was the Zoning Officer Wrong? A Guide to Equitable Relief," MidAtlantic Real Estate Journal, August 22 - September 11, 2008
Quotes/InterviewsInterviewed in Executive Leaders Radio Program, www.executiveleadersradio.com, December 2010
Speaking EngagementsSpeaker, Philadelphia Bar Association, "Zoning in Philadelphia," Philadelphia, PA. December 14, 2010
Speaker, Association of Corporate Counsel, Delaware Valley (DELVACCA) Chapter, "Real Estate for In-House Counsel: An Examination of Title Issues, Contracts, and Negotiations in Real Estate Deals," Philadelphia, PA. May 6, 2010
Speaker, The Real Property Section of the Philadelphia Bar Association and Philadelphia VIP, "The ABCs of the ZBA: The Basics of How to Prepare and Present a Case before the Philadelphia Zoning Board of Adjustment," Philadelphia, PA. September 11, 2009
Speaker, Business Clubs America's "Business Bootcamp," "Zoning and Land Use 101," Atlantic City, NJ, October 22, 2008
Speaker, “Art Against the Wall: Public Mural Art and the Law;” Pennsylvania Volunteer Lawyers for the Arts; Philadelphia, Pennsylvania, April 27, 2004
Honors/Awards*Listed in The Best Lawyers in America, Real Estate Law
NewsGibbons Director Featured on Executive Leaders Radio
Gibbons Director Named Section Chair of Philadelphia Bar Association
Judicial Clerkship(s)Law Clerk to the Hon. Leonard Sugerman, Pennsylvania Court of Common Pleas, Chester County, 1992-1993.
Representative CasesZoning and Land Use
Represented a major residential developer in obtaining subdivision and land development approval for the construction of a 200+ lot single family home residential community.
Represented a national fast food restaurant company in obtaining zoning and land use approvals to construct multiple sites.
Represented a national bank in obtaining zoning and land use approvals necessary to construct a retail banking facility.
Represented a museum in obtaining zoning approval necessary for the construction of an auxiliary storage facility.
Represented a museum in obtaining zoning approvals required for the erection of a rooftop observation deck.
Represented multiple national cellular telecommunication providers in obtaining zoning and land use approvals for the construction of dozens of wireless telecommunications facilities (new towers, colocations and rooftop antennae) in the city of Philadelphia and the surrounding suburbs.
Represented a national scrap metal company in performing zoning due diligence for multiple sites.
Represented a national retailer in performing zoning due diligence for multiple sites.
Represented a local company in the acquisition of a larger manufacturing and corporate headquarters facility. Conducted the necessary zoning and permitting due diligence to ensure that the site could be utilized as required by the client.
Represented an international pharmaceutical company in the sale of a former corporate headquarters site.
Represented an international medical services provider in the sale of one of its former outpatient treatment facilities.
Represented a private country club in the refinancing of its existing debt.
Represented a regional company in the sale of its New Jersey manufacturing facility.
Represented a commercial office landlord in a lease transaction with a telecommunications provider seeking to locate a cellular telecommunications facility on the roof of the building.
Represented a national bank in a lease dispute with its landlord at one of its retail banking facilities.
Represented a national bank in negotiating a long term lease for a retail banking facility.
Represented the owner of an industrial facility in negotiating a lease with a national telecommunications provider to locate a wireless telecommunications facility on the client's property.
Represented a major commercial office landlord in multiple lease negotiations.
Civic/Charitable ActivitiesBoard of Directors, Phoenixville Area Community Services
Pennsylvania State University - College of Liberal Arts Mentor Program
*No aspect of this communication has been approved by the Supreme Court of New Jersey. Further information about methodologies for rating or selecting attorneys is available on our website’s Award Methodology page.
Alfred R. Fuscaldo
Real Property & Environmental
Practice AreasReal Estate Development
Real Property & Environmental
Transactional Real Estate
Contact Information1700 Two Logan Square
18th & Arch Streets
Philadelphia, PA 19103-2769