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Michael R. Garner

PRACTICE EMPHASIS:

Michael Garner focuses his practice on commercial real estate transactions, emphasizing development, financing, purchases and sales, property management and leasing; commercial litigation; and business advice.

REPRESENTATIVE CASES:

Real Estate Experience

  • Represented sellers and purchasers of downtown office buildings, hotels, shopping centers, industrial parks, warehouse and storage facilities and apartment buildings.
  • Closed numerous loans for real estate purchasers/borrowers, including conventional and securitized (“conduit”) loans.
  • Handled numerous IRC §1031 tax-deferred exchanges.
  • Represented developers of condominium projects, including residential highrise, medical office building, planned unit developments, and multi-use facilities.
  • Represented institutional lenders making construction loans and permanent loans.
  • Represented owners, property managers and tenants negotiating numerous commercial leases.
  • Represented condominium and homeowners associations.

Commercial Litigation

  • Argued the prevailing party’s case to the Washington Supreme Court in Berg v. Hudesman, 115 Wn.2d 657 (1990). This unanimous decision is considered the seminal case in contract interpretation in the state of Washington. The client prevailed on the remand to the trial court.
  • Successfully defended the late Governor Dixy Lee Ray at trial against claims of her former speech writer that he wrote her 1991 book Trashing the Planet.
  • Served as the arbitrator in Boyd v. Davis, 127 Wn.2d 256 (1995). This unanimous Supreme Court decision upheld the exercise of powers as arbitrator and reduced the grounds on which an arbitrator’s decision may be challenged or set aside.
  • Conducted over 100 trials and arbitrations, primarily in the real estate or commercial context, including a five week jury trial.
  • Member (ret.) of American Arbitration Association Panel of Arbitrators. Selected in 1998 to serve on a national panel of arbitrators to handle appeals arising from class action settlement in claims against Prudential Life Insurance Company. Handled approximately 85 appeals from the settlement.

Business Experience

  • Represented dozens of closely-held entrepreneurial businesses and their legal needs, including formation, financing, property acquisition and leasing, contract employment and tax issues.
  • Represented owner of hotel trademarks and tradenames in sale to national franchisor.
  • Advised numerous clients regarding organization of business entities, including Chapter C and S corporations, limited liability companies and partnerships.

ACTIVITIES:

Michael is a member of the Real Property Section of the Washington, Hawai'i and King County Bar Associations. He is a Certified Real Estate Instructor (Washington State Department of Licensing). Michael is a Director (1991-present) and President (1994-1997 and 2005-present) of the Queen Anne Helpline, past Director (1992-1996) and past President (1994-1996) of Washington Ceasefire, past Director (1982-1986), and served as Special Disciplinary Counsel, Washington State Bar Association (1989-1996).

EDUCATION:

Michael obtained his law degree from Boalt Hall, University of California at Berkeley in 1976. He received his A.B. in Political Science from Stanford University in 1971.

ADMISSIONS:

Michael is admitted to the Washington State Bar (1979), the Hawai'i State Bar (1976), U.S. Court of Appeals for the Ninth Circuit (2001), U.S. District Courts for the Western (1979) and Eastern (1981) Districts of Washington, and U.S. District Court of Hawai'i (1976).

SPEAKING ENGAGEMENTS:

Michael is a frequent speaker on real estate topics. He has addressed two annual meetings of the American Bar Association, Real Property, Probate and Trust Section, and made presentations at local seminars on purchases and sales, financing and leasing.