David E. Waters

Mr. Waters represents municipal, real estate, business, health care, and individual clients in both Kansas and Missouri, and in all manner of business, transactional, planning and zoning, health care, and real estate development matters.  He advises his clients in connection with complex contractual arrangements, business entity formation, joint venture projects, the negotiation and closing of purchase and sale agreements, commercial leases, development agreements, easements, restrictive covenants, and title matters.

As part of his health care practice, Mr. Waters specializes in medical office leasing, including compliance with federal self-referral (Stark) and anti-kickback requirements, physician employment agreements, hospital and medical office development, condominium and property tax concerns, and governance of public or municipal facilities under applicable state law.

Mr. Waters’ municipal and public law practice extends to local counties, cities, community colleges, and school districts, and he counsels such clients with respect to governmental authority and procedure, open records and open meetings, public financing incentives, and zoning and planning processes.  This experience has enabled him to more effectively represent business and other private clients, and he regularly appears on their behalf before planning commissions, city and county governing bodies, and other governmental entities.

He also handles design and construction projects, such as architectural contracts, code compliance, and construction contracts (including construction management and design-build delivery methods).  He guides his municipal clients through applicable public bidding or procurement processes. He also counsels homeowner’s associations and individual property owners within residential subdivisions.  Furthermore, Mr. Waters has experience with the foreclosure of mortgages and other liens, advising both secured creditors and debtors as to their rights and responsibilities.

Mr. Waters is active in his community, currently serving on the City of Westwood, Kansas, Planning Commission and Board of Zoning Appeals, as well as on the 47th and Mission Road Area Redevelopment and Management Committee.  He is an active member of the Northeast Johnson County Chamber of Commerce, and was recently elected to its board of directors.  On behalf of the firm, Mr. Waters is also a member of the Leavenworth County Development Corporation and the Wyandotte Economic Development Council.

He is married, the father of two boys, and has completed two marathons.  You can follow him on Twitter @davidewaters.

Court Memberships

• Missouri
• United States District Court, Western District of Missouri
• Kansas
• United States District Court, District of Kansas

Honors

• Phi Beta Kappa
• Northeast Johnson County Chamber of Commerce “Leadership Northeast,” 2009
• Phi Gamma Delta Wilkinson Award
• University of Kansas School of Law Dean Jimmy Green Scholar

Professional Affiliations

• Kansas Bar Association
• Johnson County, Kansas, Bar Association
• Northeast Johnson County Chamber of Commerce
• Leavenworth County Development Corporation
• Wyandotte Economic Development Council
• International Council of Shopping Centers (ICSC)
• American Health Lawyers Association (AHLA)

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Publications

Kansas Bar Association

• Featured Author, Deeds, Kansas Real Estate Practice and Procedure Handbook (Lewis A. Heaven, Jr. and Mark A. Andersen, eds., Kansas Bar Association 2009) 

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Presentations

Leavenworth County Bar Association

• Author and Presenter, Negotiating Land Use Changes in Leavenworth and Ethical Considerations in Land Use Law (2005)

Building Owners and Managers Association

• Presenter, Types of Owners and their Employment Relationships (2007)
• Presenter, Leases and the Landlord-Tenant Relationship (2010, 2011)

Lathrop & Gage “Lunch & Learn”

• Author and Presenter, Boards of Zoning Appeals and the Proper Use of Variances and Community Improvement Districts in Kansas (2009)