With a career that has spanned multiple geographies and jurisdictions, Mike Thelen has a formidable reputation as one of the state’s most prominent land use litigators. He pulls from his experience as a federal judicial clerk and commercial litigator to bring both a creative and pragmatic approach to his practice. 

Clients ranging from Fortune 500 companies to individual property owners have called on Mike to shepherd them through a variety of real estate controversies. He is deeply invested in both the business and personal goals of his clients and has successfully obtained land-use entitlements for potentially controversial developments, prosecuted and defended lawsuits and advised clients on business transactions and early-state real estate disputes.
 
Mike is a widely published authority on real estate controversy issues in North Carolina and is often called upon by the media to shed light on complex legal issues and concepts. In addition, he routinely presents continuing legal education courses to state attorneys and contributes to the online legal, political and business communities through both long-form content and short-form social commentary. 

Presentations and Publications

  • Vested Rights, co-authored and co-presented with John Cooke, presented at the North Carolina Association of Municipal Attorneys Summer Conference, 2016.
  • Representing the Local Government Decisionmaker in Quasi-Judicial Proceedings, co-authored with John Cooke, presented at the North Carolina County Attorneys Summer Conference, 2016.
  • Key Developments in Local Government Powers and Land Use Law, presented at the annual meeting of the Real Property Section of the North Carolina Bar Association, 2016.
  • Rub a Dub Dub, the Clean Water Act Might Regulate Your Tub, North Carolina Bar Association Real Property News, 2014.
  • Rails to Trails or Rails to Trespass: Supreme Court Speaks on the Abandonment of Certain Railroad Rights of Way, American Bar Association Real Property Probate and Trust eReport, 2014.
  • Little Pink Houses: Debate Regarding Zoning Laws and Accessory Dwelling Units Getting More and More Relevant, published on www.accessorydwellings.org, 2014.
  • Public-Private Collaboration and Agreements, and the Tools in the Toolbox to Effect Them (with John C. Cooke), presented at the joint annual meeting of the Government and Public Sector Section and the Zoning, Planning and Land Use Section of the North Carolina Bar Association, 2014.
  • Defending Substantive Due Process Claims: Law and Practical Observations (with John C. Cooke), presented to the North Carolina Association of Municipal Attorneys, 2013.
  • Eminent Domain from Start to Finish, National Business Institute, 2013.
  • Permitted Uses and Neighbors' Standing After Fort v. County of Cumberland, North Carolina Bar Association Zoning, Planning and Land Use Quarterly, 2012.
  • The Administrative Land Use Decision As Both Sword and Shield, North Carolina Bar Association Zoning, Planning and Land Use Quarterly, 2011.
  • Absolute Bar, a Roll of the Dice, or Somewhere In Between: Divining Application of the Two-Month Statute of Repose (with Anna V. Short), presented at the joint annual meeting of the Government and Public Sector Section and the Zoning, Planning and Land Use Section of the North Carolina Bar Association, 2011.
  • Land Use and Zoning Law Litigation, National Business Institute, 2010.
  • Opportunities Created by Recent Legislation for the Land-Use Practitioner, Real Property, 2007.
  • Recent Developments in Delaware Business and Securities Law, Bank and Corporate Governance Law Reporter, 2009.
  • The North Carolina Development Agreement Law, A Matter of Perspective: Hot Topics for Land Use & Government/Public Sector Attorneys, 2007.

Civic and Professional Activities

  • Council, North Carolina Bar Association Government & Public Sector Section, 2013-present
  • Member, North Carolina State Bar Association Zoning, Planning and Land Use Section, 2010-present
  • Appellate Rules Committee, North Carolina State Bar Association (2010-2011)
  • Parish Council, Our Lady of Lourdes Catholic Church, 2017-Present
  • Board Member, Leadership Raleigh Alumni Association, 2014-2016
  • Board Member and General Counsel, Capital City Clauses, 2010-2013
  • Greater Raleigh Chamber of Commerce Leadership Raleigh, Year 26, 2010-2011
  • Advisory, Notre Dame Club of Eastern North Carolina, 2009-2010
  • Member, North Carolina Museum of Art Contemporaries, 2010-Present

Honors and Awards

  • Recognized in The Best Lawyers in America© in the field of Real Estate Law, 2018
  • Selected to the Washington, D.C. Rising Stars list by Super Lawyers, 2013 - 2017
Experience

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

  • Represented corporations and individuals in the land use entitlement process, helping them to obtain or prevent land use entitlements using local ordinance interpretations and appeals, rezoning, special and conditional use permits, subdivision plat approvals, site plan approvals, annexations and planned unit developments, among others 
  • Litigated all manner of business disputes in the real estate industry, including but not limited to: land boundary matters, lease matters, land purchase and land security matters and partnership agreements
  • Represented corporations in negotiating local government incentives in the development of real estate including obtaining drafting and infrastructure and development agreements
  • Represented property owners in controlling eminent domain projects and maximizing compensation in eminent domain matters, whether a taking by the State, utility or local government
  • Drafted critical, operative real estate documents including lease transactions, real estate transactions and covenants
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Bar admissions

2007, North Carolina

2003, New York

Admitted to practice before:

  • United States District Court for the Southern and Eastern Districts of New York
  • Court of International Trade
  • United States Court of Appeals for the Seventh Circuit
  • United States District Court for the Middle and Eastern Districts of North Carolina

Education

  • J.D., 2003, Notre Dame Law School
    • with honors
    • Member and Editor, Notre Dame Journal of Law, Ethics, and Public Policy, 2001-2003
    • Editorial Staff, American Journal of Jurisprudence, 2001-2003
    • Research Assistant, Professor Nicole Stelle Garnett, 2002
    • Research Assistant, Prof. G. Robert Blakey, 2001-2002
    • White Scholar, Thomas J. White Center on Law & Government
    • Member, St. Thomas More Society
  • B.A., University of Notre Dame
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