Lawyer, Developer, Future Politician?

Lawyer, Developer, Future Politician?

Bradenton lawyer Ed Vogler has friends in high places. They like the way he practices law.

By Sean Roth

Real Estate Editor

Bradenton real estate attorney Edward Vogler II is known for spearheading contentious commercial developments through governmental review in Manatee and Sarasota counties.

Vogler, a partner with Vogler Ashton PLLC, has become synonymous with large, complex and controversial developments. Whether itis a Wal-Mart Supercenter, waterfront high-rise tower, retail strip center or office building, Vogler has been its proponent, fighting for government approval.

As Manatee has grown, going from about 148,000 residents in 1980 to 264,000 in 2000, Vogler has taken on the role of one of the regionis go-to real-estate attorneys. In an environment where who you are is at least as important as what you know, Vogler has established friendships with the mayor, county commissioners, legislators and some of the most prolific developers in Manatee and Sarasota counties.

Vogler recently represented Benderson Development Co., the nationis largest privately held commercial development and property management firm, and later Wal-Mart in a bid to develop a super center at the corner of University Parkway and Honore Avenue. Several University Park Country Club residents opposed the project over traffic and more NIMBY-istic concerns.

Residents were also upset because two years ago, Vogler, who represented Pat Neal at the time, suggested the property would likely be used for an upscale shopping center, with a Bealls Department Store.

Presenting the plan to the Manatee County Commission earlier this year, Vogler argued the commission had few grounds to deny the project, because the Wal-Mart plan would comply with all county codes.

However, Wal-Mart represented one of Vogleris few failed efforts; the commission yielded to pressure from residents and voted against it.

Not that Wal-Mart has given up. The matter is now pending in court.

Vogler recently represented the developer of the controversial Long Bar Pointe high-rises, which are to be built on one of the last stretches of Floridais undeveloped coastline. The development, originally suggested in 2001, has been through numerous incarnations, specifically in relation to the heights of the towers. But the project now looks to have legs under a new development group, RLH Development, which includes Vogleris friend and business partner, Wayne Ruben, formerly of Benderson Development.

Earlier this month, the commission approved the project, but with less density (from 272 units to 237 units) and reduced building heights. On Nov. 2, the commission approved a site plan for a 272-unit project, but trimmed the buildings to four stories.

Vogler has also represented several resident-supported business ventures such as the Pittsburgh Pirates Pirate City renovation and expansion, the J.P. Igloo Ice and Inline Sports Complex, Bradentonis 129,000-square-foot City Centre and the $20 million Lake Erie College of Osteopathic Medicine at Lakewood Ranch. The 109,000-square-foot medical school branch campus, one of only six medical schools in the state, was a huge coup for Lakewood Ranch and the county. It is projected to contribute more than $30 million annually to the local economy, based on staff salaries and spending.

The common thread among Vogleris projects: his own conviction.

iThe difficulty with being a lawyer is that people perceive that you advocate without conviction,i Vogler says. iI wonit take a matter that I donit believe in with my soul. We bleed for our clients. They teach you in law school you should be dispassionate. You should be able to take either side of the case. I canit do that. I can only argue convincingly that which I believe in.i

Vogler says the main rule he uses to decide whether to represent a project is the developmentis contribution to the community. iThere are many projects that have been approved that are not a credit to the community; none of those is my project,i Vogler says.

As for the proposed Wal-Mart on University Parkway, Vogler says the debate shows why land-use regulations and approvals need to be developer-neutral.

iI donit really think you should decide land-use matters based on who the land-user is,i Vogler says. iI think it should be based on the codes and the rules. Most of the neighbors were happy with a commercial project (at University Parkway and Honore Avenue), just not this user. This would have been the most attractive Wal-Mart in the entire state.i

The 45-year-old Vogler, now a developer himself, came to Bradenton in 1978 when his family moved from Ohio. Vogler received a bacheloris degree in political science from the University of South Florida and went on to graduate magna cum laude from Stetson University College of Law in 1983.

While at Stetson, Vogler attracted attention for his legal ability. His outlines for coursework were so accurate that fraternities sold them to legal students for several years.

After college, Vogler went to work for Blalock Landers and Walters PA, Bradenton.

iI had clerked with them back in college,i Vogler says. iThey were the oldest and most prestigious firm in the area. They also had a significant real estate practice, which had always attracted me. Real estate is one of the biggest commodities most of us will ever deal with. Real estate also has an interface that is very similar to politics. Seven elected officials have to approve all zoning matters, and they are directly responsible to the electorate.i

Four years after he joined the firm, Vogler became a partner. Between his clients at Blalock Landers Walters & Vogler PA and his community involvement, primarily with the Manatee County Chamber of Commerce, West Coast Symphony Orchestra and the United Way of Manatee County, Vogler started working with the movers andshakers in Bradentonis development world.

iPeople would be referred to you and then they would stay because of your hard work,i Vogler says.

One of those clients was John McKay.

In the mid-i80s, Vogler says, McKay, who ran a mortgage brokerage, would make loans to many of the firmis clients.

iHe always did a great job,i McKay says. iI have a great deal of respect for him and his intellect. I truly value his friendship.i

In 1990, McKay was elected a Florida senator. After serving eight years, he became Senate president.

iGrowth management had always been one of the many issues that comes before the Senate,i McKay says. iI knew that Ed had sound experience in that area so I asked his advice. I have always found that Ed has a keen insight for problem solving.i

Vogler helped McKay drafted a growth management law that changed the way government agencies work together to anticipate growth. The bill was signed into law by the governor in 2002.

iThe biggest change was a twofold attempt to link the county and school boards for growth planning,i Vogler says. iPreviously they were on separate tracks using separate data. It just seemed a good policy to link the two together. Similarly, with water supply planning, (the bill) says that each regionis data should match. We werenit telling them what to do because they are sovereign bodies, but we required coordinating the data.i

Simply put, McKay says, without good, shared data, governments canit operate efficiently.

During the late i80s or early i90s, Vogler also met Ronald Allen, a future real estate partner, who had just been named president of NDC Construction Co. The company was one of the law firmis clients.

Allen, Sarasota attorney David Band, developer Dr. Mark Kauffman and Vogler eventually formed a partnership to develop the former Sandpile property in downtown Bradenton.

That groupis competition for developing the city-owned property was the 800-pound-gorilla, Benderson Development and its Florida partner, Ruben. In retrospect, Vogler says he was cocky about his groupis chances for developing the project. He had even called Ruben to gloat, prior to Rubenis presentation before the city commission. That call proved premature.

iThey were proposing a Regal Cinema, a hotel and retail,i Ruben says. iIn my presentation, I just explained that this is what we do. We have already built movie theatres for Regal, and we are a hotel operator and owner.i

Vogler was taken aback by Rubenis presentation, which shot a big hole in his plans for the site. So Vogler and Band flagged Ruben down to work out a compromise. Benderson Development became the sixth partner in the project. Although Regal Cinemais Chapter 11 bankruptcy filing delayed the project, it now appears back on track with about 740 apartments in place and new condominiums and commercial development expected soon.

iEd and I became fast, close friends,i says Ruben, who has used Vogleris services as an attorney since 1994. iHe is a great land-use attorney o very prolific. Ed and I worked together on Cooper Creek together. Ed was instrumental in bringing Pat (Neal) and me together when we had some issues out there.i

Vogler eventually joined Benderson Development as development partner. When Ruben later left Benderson Development because of health problems, Vogler decided to start his own firm. In February, he partnered with Kimberly Ashton, formerly of Blalock Landers, to found Vogler Ashton.

iShe is extremely bright, motivated and well liked by all the clients,i Vogler says. iWe get along great.i

Vogler has now geared his practice toward representing developers in Manatee, Sarasota, Charlotte, Lee and Collier counties. He specializes in more difficult development reviews, specifically those that require commission approval.

In the more formal situation of commission presentations, observers say Vogler appears professional, friendly and prepared.

iHe enjoys a fairly collegial relationship with most of the members of the board,i says Commissioner Pat Glass, who says sheis good friends with Vogler. iBeing on the board I can say that there is nothing of more value than someone who is prepared ... someone who is ready to answer questions. He also pulls off some great one-liners. Usually they are totally unexpected. But it does relieve the tension. All in all he is probably one of the best at putting a development together.i

Among his friends and business associates, Vogleris political ambitious are well known.

iI have urged Ed to get involved in state politics,i McKay says. iIt is very important that people like Ed ... and other businesspeople get involved in political life rather than leaving political decision making to somebody else. In Florida you have a citizen legislature ... with 160 members you are likely to find at least a few people that have hands-on experience with a particular issue. I think Ed would bring that real-world experience to the position.i

Christine Suh, East County Observer senior writer, contributed to this report.