Gorman, III, Francis L.

FL represents national, regional and local real estate developers, property owners and cannabis operators. He is recognized statewide as a seasoned commercial real estate attorney focusing on acquisitions and development, land use, zoning, commercial leasing and financings, public-private partnerships, real estate and development-related litigation and general corporate matters. FL’s legal experience spans numerous asset classes including cannabis, retail, office, hospitality, multifamily, industrial, residential health care and skilled nursing facilities. He previously served as a real estate partner at one of the country’s leading cannabis boutique law firms, Director of Legal for Litigation and Operations for a private REIT and as Director of Development for the Mid-Atlantic for a family office power center and hotel developer and owner.

Representative Matters

Counsel to operators, investors and landlords in cannabis real estate and work-out transactions in CA, NM, CO, Ill, MA, NJ, CT, VT, NY, MN, MS, FL, OK, AR, MO, TX, AZ.
Representation of non-profit developer on a ground up affordable housing project comprising of 7 buildings, 164 units, 25 parcel land assemblage, zoning approvals, construction and permanent financing; capital stack included 13 tranches of debt and equity including low-income housing tax credits.
Representation of non-profit developer on a ground up affordable housing project comprising 64 units, construction and permanent financing; capital stack included 10 tranches of debt and equity including low-income housing tax credits.
Representation of purchaser in 780,000 sf urban redevelopment project including acquisition, zoning approvals, brownfield clean-up program agreement, 3 phase IDA PILOT agreement and approval of foreign trade zone for property.
Representation of seller in sale of 24 property commercial and
multi-family portfolio.
Representation of owner’s representative in construction litigation involving the design and construction of an $85 million aircraft manufacturing facility.
Representation of shareholders in corporate judicial dissolution action
of commercial real estate holding company.
Representation of buyers and sellers in 1031 Exchanges; source potential property replacements in
multi-property, multi-state 1031 Exchange.
Representation of family real estate holding company in multi-entity corporate reorganization
and restructuring.
Representation of county Industrial Development Agencies in purchase and sale transactions,
financings and general real estate matters.
Representation of Local Development Corporations in the sale of county-owned nursing homes.
Zoning and entitlement work for ground-up developments and re-use and rehabilitation of existing properties.
Representation of buyers and sellers in obtaining required governmental approvals from county legislatures, State University of New York, New York State Canal Corporation, New York State Public Service Commission, New York State Department of Health as well as compliance with the New York State Public Authorities Accountability Act (“PAAA”).
Acquisitions and financing of properties in connection with ground up and existing retail, recreational, industrial and multi-family properties.
Draft and negotiate commercial leases and reciprocal easement agreements.
Lease enforcement actions, evictions, mortgage foreclosures and bankruptcies.

Professional and Civic

Cannabis Association of New York, Municipal Affairs Committee, Policy Committee
Urban Land Institute (ULI), WNY Chapter
New York State Bar Association, Committee on Cannabis Law
Rochester Police Foundation, Honorary Trustee
International Council of Shopping Centers
- ICSC National Economic Issues and Upstate New York Idea Exchange
- ICSC’s New York State Government Relations Committee, past chair
Upstate New York Chapter of the National Association of Industrial and Office Properties,
past board member
New York State Commercial Association of Realtors
Rochester Downtown Development Corporation, past board member
Joint Military Command for the Republican National Convention, legal counsel, 2004
U.S. Naval Academy’s Alumni Team at the World Lacrosse Championships, participant

Recognition

Best Lawyers, Real Estate Law
Institute of Real Estate Management, President’s Award
New York State Commercial Association of Realtors, 2022 Affiliate of the Year, 2016 and 2018 Deal of the Year (zoning and transaction counsel)

Legal Practices

Member of:

Commercial Real Estate

Environmental

Public Finance and Economic Development

Industry Teams

Co-Leader for:

Cannabis

Real Estate Developers

Member of:

Construction and Surety

Syracuse University College of Law

1987

Georgetown University

1983

Location

Buffalo, NY Office

Rochester, NY Office

Syracuse, NY Office

December 1, 2023

New York’s Cannabis Settlement Blocks New CAURD Licenses Until April 2024

The Cannabis Control Board’s recent settlement blocks issuance of new Conditional Adult Use Retail Dispensary licenses until April o

July 20, 2022

Cannabis on a Craft Scale: “Microbusiness” License Opens Pathways to Growing Industry

You likely have heard of a craft brewery before. But what about a craft business for cannabis and cannabis products? Enter the “microbusines

July 6, 2022

New York State Issues Guidance for Measuring Flowering Plant Canopy by Adult-Use Cannabis Cultivators

The Office of Cannabis Management in New York state has provided further guidance on how adult-use conditional cultivators (AUCCs) must meas

June 20, 2022

Permit Proposed for Cannabis Dispensaries, Restaurants and Theatres to Allow On-Site Consumption

Could cannabis-infused cocktails surface as the next restaurant trend? Will concert venues offer pre-rolled joints? Would comedy screenings

May 26, 2022

Class Action Filed Against One of Country’s Leading Cannabis Real Estate Investment Trusts

Innovative Industrial Properties, Inc. (“IIPR” as listed on the NYSE) is a real estate investment trust (“REIT”) focused on the acquisition,

April 12, 2022

Information Released on Adult-Use Cannabis Excise Tax for Distributors, Retailers

he New York State Department of Taxation and Finance (the “Department”) has created a new webpage addressing the adult-use cannabis product

January 25, 2022

With Opt-Out Deadline Past, What’s Next for Municipalities Weighing Cannabis Retail?

December 31, 2021 was a critical date for municipalities weighing the decision to allow cannabis retail dispensaries and consumption sites o

January 7, 2022

Federal Cannabis Legislation Seeks to Decriminalize Marijuana, Create Safe Harbors for Banks and Insurers, Strike Regulatory Balance, and More

December 22, 2021

Pending Cannabis Legislation in New York State Broadens Equity, Promotes Hemp Packaging, Extends Opt-Out Deadline

Pursuing social equity. New York State Senator Jeremy Cooney has introduced a bill that would classify individuals who identify as transgend

October 13, 2021

New Year’s Eve Marks End of Municipality Opt-Out Window for Cannabis Retail Dispensaries, Consumption

Though New York state’s cannabis market has stalled in recent months, Gov. Kathy Hochul’s arrival in Albany has sparked hope that appointme

May 7, 2021

“Opting Out” of Dispensaries and Consumption Sites and Permissive Referendums Under New York’s Marijuana Regulation and Taxation Act (MRTA)

The Marijuana Regulation and Taxation Act (“MRTA”) provides towns, villages, and cities an opportunity to opt out of allowing retail dispens

April 22, 2021

New Amendment Codifies Sales and Use Tax Exemption for Housing Development Fund Companies

On Friday April 16, 2021, Governor Cuomo signed into law the FY 2021-22 State Budget. For those Housing Development Fund Companies (“HDFCs

April 21, 2021

Municipal Guidance On Land Use and Zoning, Cannabis and the Marijuana Regulation and Taxation Act

In a prior legal alert, we explained that under the Marijuana Regulation and Taxation Act (“MRTA”), the Legislature afforded towns, villages

April 6, 2021

New Marijuana Regulation and Taxation Act Provides Initial Guidance for Municipalities on Land Use and Zoning

Effective March 31, 2021, Governor Cuomo legalized adult-use of marijuana and provided for the licensure of producers, distributors, and ret

March 19, 2021

The Land-Use Challenges of Renewable Energy

New York state is placing a significant bet on developing renewable energy into a significant sector of the overall economy. The state has p

March 11, 2021

Help or Harm? New Legislation Aimed at Helping Tenants and Borrowers Impacted by COVID Causes Concern for Landlords and Lenders

In his recent State of the State Address, New York Governor Andrew Cuomo indicated a desire to stay mortgage foreclosures, commercial evicti

November 5, 2020

NYC Extends Moratorium on Enforcement of Personal Guarantees of Commercial Leases Affected by COVID-19

On Sept. 23, 2020, the New York City Council amended the personal guarantor provisions of Local Law 55 of 2020, which went into effect on Ma

June 26, 2020

Changing Landscape of Evictions in Light of New Administrative Law Order in New York

First the Governor and now the Courts have moved the goal posts with respect to bringing and enforcing eviction actions against delinquent r

May 28, 2020

NYC Prohibits Commercial Tenant Harassment and Lease Guaranty Enforcement Under COVID-19

Executive orders issued by Gov. Andrew Cuomo in the wake of the COVID-19 pandemic have already put restraints on landlords in their ability

May 12, 2020

Relief for Some, Pain for Others on Evictions, Foreclosures Under Executive Order 202.28

Governor Cuomo’s May 7, 2020, Executive Order, 202.28 (“E.O. 202.28”) offers relief to some (tenants and property owners) and pain to others

April 8, 2020

Considerations for Landlord-Tenant Lease Modifications in Response to COVID-19

The current health, social and economic conditions related to the coronavirus pandemic are exerting tremendous pressures on contractual rela

March 23, 2020

Commercial Landlords and Tenants Face Contractual Questions in Wake of COVID-19 Pandemic

The social and economic impacts of COVID-19 have been sudden, pervasive and severe. With executive action by New York State’s Governor forc

October 1, 2019

Appeal Court: City’s Funding of Neighboring Property Restoration Did Not ‘Condemn’ Restaurant

In an August 2019 decision, the Fourth Department of the Appellate Division of the Supreme Court of the State of New York ruled that propert

June 7, 2019

Treasury Releases Second Round of Proposed Opportunity Zones Regulations

On April 17, 2019, the Treasury released long-awaited additional regulations and guidance with respect to Section 1400Z-2 of the Internal Re

May 13, 2019

Recent Decision Narrows Commercial Tenants’ Recourse to Yellowstone Injunctions

Last week, in 159 MP Corp. v. Redbridge Bedford, the Court of Appeals upheld a recent decision of the Second Department that limits the righ

January 24, 2019

Mixed-Use Development Incentives for Downtown Rochester Extended to 2021

A valuable incentive for mixed-use development in downtown Rochester has been extended. The City of Rochester has reauthorized an exemption

December 27, 2018

White House Opportunity and Revitalization Council to Facilitate Investment in Opportunity Zones

President Trump has established the White House Opportunity and Revitalization Council (the “Council”) by Executive Order 13853 (“Order”) is

October 24, 2018

IRS Issues Proposed Regulations and Guidance on Opportunity Zones

On October 19, the IRS and Treasury Department issued long-awaited proposed regulations, Revenue Ruling 2018-29 (the “Revenue Ruling”), and

June 14, 2022

Harris Beach Attorneys FL Gorman and Brendan Palfreyman Featured in Cannabis News Articles

Harris Beach Cannabis Industry Team members FL Gorman and Brendan Palfreyman were recently highlighted in news articles about the burgeoning

July 30, 2021

FL Gorman and Rob Townsley Secure Green Light for Buffalo Chick-fil-A

After months of work, Harris Beach partner FL Gorman, with support from attorney Rob Townsley, helped Chick-fil-A gain approval to open in D

June 24, 2020

Harris Beach Partner F.L. Gorman Analyzes Potential Course of Shopping Center ‘Material Adverse Effect’ Case

Litigation in the now-cancelled merger between Simon Property Group and Taubman may take longer to resolve than normal because of the choice

June 12, 2020

Pandemic-related Troubles Deepening for Shopping Mall Industry

On June 9, 2020, Simon Property Group (NYSE: SPG), the nation’s largest shopping mall operator, announced the termination of its $3.6 billio

FL Gorman Presenting on Real Estate Needs of the New York Cannabis Industry at April NYSCAR WNY Chapter Luncheon

April 20, 2022

On April 20th, FL Gorman will present during the New York State Commercial Association of Realtors monthly luncheon on, “Real Estate Needs o

Harris Beach Sponsoring Rochester Downtown Development Corporation Vision Future Event

December 8, 2021

Harris Beach will sponsor the Rochester Downtown Development Corporation Vision Future Event on December 8.

Harris Beach Sponsoring and FL Gorman Moderating Panel at Urban Land Institute Great Lakes Waterfront Development: Case Studies

September 14, 2021

Join ULI Cleveland, Michigan, and Western New York to discuss waterfront development case studies. The program will kickoff with 15-minute p

FL Gorman Presenting During 2021 American Planning Association New York Upstate Chapter Federation Virtual Conference

FL Gorman will present a session during the 2021 American Planning Association New York Upstate Chapter Federation Virtual Conference on Oct

Harris Beach Sponsoring Bergmann and Urban Land Institute Virtual Panel

September 17, 2020

Harris Beach is a sponsor of the upcoming Bergmann and Urban Land Institute Western New York virtual panel, “Redefining the Future of Workpl

Bob Murray and FL Gorman Presenting During Buffalo Niagara Partnership Development Advisory Council Meeting

July 15, 2020

FL Gorman and Bob Murray will be presenting to the Developers Advisory Council of Buffalo Niagara Partnership. Bob will give members an upda

Harris Beach Holds COVID-19 Office Hours For Employers

May 5, 2020

To stay ahead of the latest pandemic developments, join our complimentary virtual office hours – flash sessions where Harris Beach attorneys

FL Gorman Moderating Cannabis Panel at ICSC Upstate New York Idea Exchange

March 24, 2020

FL will moderate the panel on the topic of “The Complexities of Cannabis” at the upcoming ICSC Upstate New York Idea Exchange. Below is a d

Harris Beach Sponsoring Annual New York State Commercial Association of Realtors Presidents Awards

November 14, 2019

The Presidents Awards Dinner celebrates the finest in Rochester’s Commercial Real Estate Community. Harris Beach is a sponsor again this yea

Harris Beach and HB Cornerstone Sponsoring Rochester Police Foundation Blue and Gold Gala

September 13, 2019

This event celebrates 200 years of the Rochester Police Department, as well as the appointment of new Chief La’Ron Singletary. The Police F

Harris Beach to Host Insights on the Industrial Real Estate Market Event: A National, Regional and Local Review

August 15, 2019

The Real Estate Developers Industry Team at Harris Beach PLLC will host an information session and reception on August 15. The session will

Harris Beach is a Proud Sponsor of Foodlink Fundraiser Forks and Skis

March 1, 2019

The Forks and Skis event raises money for Foodlink, to end hunger in the community. The event has raised more than $130,000. This event is p

Harris Beach Sponsor of NYS Commercial Association of Realtors Awards Dinner

February 7, 2019

The Western New York Chapter of the NYS Commercial Association of Realtors ( NYSCAR) will hold its 18th Annual Board Installation and Awards

Harris Beach Sponsoring Rochester Downtown Development Corporation Vision for the Future

December 5, 2018

The RDDC Vision of the Future will feature the views of Cheryl Dinolfo, Monroe County Executive; Lovely Warren, City of Rochester Mayor; an

Harris Beach Proud Sponsor of the 18th Annual Rochester Area Chapter of the New York State Commercial Association of Realtors

November 15, 2018

This 18th annual President’s dinner and awards banquet celebrates Rochester’s stars in the commercial real estate community. Cocktails wil

Harris Beach Proud Sponsor of Rochester Downtown Development Corporation ” State of Rochester’s Economy”

September 12, 2018

Rochester’s economy is changing. The evolving story is being driven by nimble and rapidly growing enterprises that are leveraging where the

FL Gorman, Bob Murray, Brendan Palfreyman, Tristan Hujer, Chris Milne, Julie Marshall Presenting at ISKINY Annual Meeting

September 18, 2018

The “Off-Piste Counsel for On-Piste Issues” seminar will enable ski operators to learn about a broad spectrum of opportunities that can opti

June 1, 2023

Lucky Leaf Expo, Baltimore Maryland, Program Chair, Securing Cannabis Real Estate in Emerging Markets

February 1, 2023

Checking In on New York’s Journey to a Legal Cannabis Market, Vicente Program

February 1, 2023

Restructuring Options in Cannabis, Vicente Program

October 3, 2022

Speaker, Town of Manilus Public Forum (Onondaga, County, N.Y.), Cannabis, Zoning, Sustainability and Tax Revenue Matters

October 3, 2022

New York State Bar Association, Cannabis & Insolvency: Debtor & Creditor Rights and Remedies under State & Federal Law, Program Chair

October 27, 2021

Presentation: Recreational Marijuana Implications for Planning and Zoning in NYS (American Planning Association, New York Upstate Chapter Federation, Virtual Conference)

November 1, 2020

NYSCAR Virtual Panel Discussion: How to Succeed in Real Estate During COVID-19 (Rochester Area Chapter of the New York State Commercial Association of REALTORS®, Virtual Event)

June 1, 2018

Presentation: Real Property Ownership and Development Under the Tax Cuts & JOBS Act (New York State Commercial Real Estate Conference)

June 1, 2017

Presentation: 1031 Exchanges (New York State Commercial Association of Realtors, Annual Meeting)

March 1, 2017

Presentation: Dan Beach Real Estate Forum

March 1, 2017

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Francis L. Gorman, III

Member

Syracuse University College of Law

Georgetown University

Lucky Leaf Expo, Baltimore Maryland, Program Chair, Securing Cannabis Real Estate in Emerging Markets

Checking In on New York’s Journey to a Legal Cannabis Market, Vicente Program

Restructuring Options in Cannabis, Vicente Program

Speaker, Town of Manilus Public Forum (Onondaga, County, N.Y.), Cannabis, Zoning, Sustainability and Tax Revenue Matters

New York State Bar Association, Cannabis & Insolvency: Debtor & Creditor Rights and Remedies under State & Federal Law, Program Chair

Presentation: Recreational Marijuana Implications for Planning and Zoning in NYS (American Planning Association, New York Upstate Chapter Federation, Virtual Conference)

NYSCAR Virtual Panel Discussion: How to Succeed in Real Estate During COVID-19 (Rochester Area Chapter of the New York State Commercial Association of REALTORS®, Virtual Event)

Presentation: Real Property Ownership and Development Under the Tax Cuts & JOBS Act (New York State Commercial Real Estate Conference)

Presentation: 1031 Exchanges (New York State Commercial Association of Realtors, Annual Meeting)

Presentation: Dan Beach Real Estate Forum

Co-Chair: ICSC Upstate Idea Exchange

Francis L. Gorman, III

■ Areas of Expertise

Legal Practices

Member of:

Legal Practices

Industry Teams

Co-Leader for:

Member of:

Industry Teams

■ Profile

■ Representative Matters

■ Professional and Civic

■ Admissions

■ Education

Offices throughout New York:

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