Alfred R. Fuscaldo

Alfred 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.

St. John's University School of Law (J.D., 1992)

The Pennsylvania State University (B.S., 1989)

Commonwealth of Pennsylvania, 1992

State of New Jersey, 1992

Member, American Bar Association

Member, Pennsylvania Bar Association

Member, Philadelphia Bar Association
Real Property Section Executive Committee
Chairman, 2010
Vice-Chairman, 2009
Treasurer, 2008
Secretary, 2007

Zoning, Land Use and Code Enforcement Subcommittee
Member, 2001-present

Member, New Jersey State Bar Association

"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," Mid Atlantic Real Estate Journal, August 22 - September 11, 2008

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

Gibbons Director Named Section Chair of Philadelphia Bar Association

Law Clerk to the Hon. Leonard Sugerman, Pennsylvania Court of Common Pleas, Chester County, 1992-1993.

Zoning 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.

Transactional
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.

Leasing
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.

Board of Directors, Phoenixville Area Community Services