Shane T. Costello

Education

Georgetown University, B.A., 2004

Florida State University College of Law, J.D., 2009, cum laude

• Judicial Clerk for the Supreme Court of Botswana
• Journal of Land Use and Environmental Law: Articles and Notes Editor
• Journal of Transnational Law and Policy: Articles and Notes Editor
• Distinguished Pro Bono Award

Bar Admissions

American Bar Association

The Florida Bar

Hillsborough County Bar Association

Experience

Real Estate and Land Use

• Lead trial counsel for publicly traded real estate investment trust in defense of a claim to ownership of two acres of submerged land in front of client’s waterfront luxury hotel property. After five-day bench trial, court entered judgment in favor of client.
• Trial counsel for owner of 12 acres of historically industrial waterfront property suitable for development of approximately 400 multi-family units, in lawsuit against railroad concerning access to the property over the railroad right-of-way. Railroad refused access for multi-family use. Obtained summary declaratory judgment in favor of client allowing access for multi-family development. Handled argument and briefing for the summary judgment hearing.
• Lead trial counsel in successful defense of title and boundary claims against real estate owner/developer’s $1 billion mixed-use development.
• Lead counsel for apartment developer bringing lawsuit against municipality for unconstitutional exactions and violation of constitutional rights of due process and equal protection in connection with apartment development. Municipality paid $700,000 to settle the case.
• Lead counsel for retail developer defending citizen appeal of rezoning approval by Hillsborough County, court ruled rezoning unlawful and client's development could proceed. 
• Represented developer in defense of citizen appeal of City of Tarpon Springs' rezoning allowing a 404-unit apartment complex along the Anclote River, in a 53-page order the court ruled in client's favor on every argument and found the rezoning was lawful such that development could proceed. 
• Obtained $54 million deficiency judgment and foreclosure judgment in favor of a private lender in heavily contested foreclosure of large-scale mixed use development.
• Defended developer of a commercial retail development against claims by environmental group challenging land use approvals – after six months of litigation and on the eve of trial, environmental group voluntarily dismissed the case.
• Trial counsel for developer in two lawsuits filed in Sarasota County by objectors to client’s proposed 1,100 single-family home development – both lawsuits resulted in judgment for client, allowing development to proceed.
• Represented plaintiff developer in appeal of Hillsborough County’s denial of rezoning of agricultural/rural property to develop 204 single family homes, court ruled County’s rezoning denial unlawful, requiring County to rezone the property and allow the development to proceed.
• Represented commercial retail landlord in defense of lawsuit brought by tenant to invalidate radius restriction in lease – tenant agreed to pay $1.15 million for release of the radius restriction.
• Obtained summary judgment on behalf of commercial retail landlord in defense of claims of tortious interference by tenant seeking in excess of $750,000 in damages.
• Represented hotel owner in defense of lawsuit brought by neighboring property owner/developer to invalidate a restrictive covenant benefitting the property of the hotel owner – neighboring property owner agreed to pay $930,000 to client hotel owner in exchange for a modification to the restrictive covenant.
• Represented national homebuilder seeking emergency writ of mandamus requiring local government building official to issue certificates of occupancy on homes. Within 11 days of filing the Petition, the Court issued the writ of mandamus and the building official issued the COs.
• Lead trial counsel for seller of commercial real estate in breach of contract action, plaintiff sought over $250,000 in damages and jury awarded only $7,000.

Commercial Litigation

• Defended manufacturing client in complex commercial arbitration involving breach of contract claims seeking approximately $8 million in damages – arbitration panel after two-week arbitration ruled that no breach had occurred.
• Represented plaintiff investor in multi-million dollar software technology partnership dispute – obtained 100% of damages and attorneys’ fees.
• Trial counsel in jury trial for defrauded investor in sale of stock in closely held corporation – recovered 100% of damages plus attorneys’ fees.
• Lead appellate counsel representing defendant brokerage company in breach of contract action, obtained reversal of trial court’s issuance of temporary injunction against client, decision reported at Gulf Coast Commercial, LLC v. KOS Corp., et al., 351 So. 3d 1212 (Fla. 2d DCA 2022).
• Represented political-action committee in dispute with municipality over allowing proposed amendment to city charter on the election ballot – amendment was allowed on the ballot.

Trust and Estate Litigation

• Successfully represented personal representative of $100-plus million estate and trustee of various trusts in defending against claims against the estate and trusts in excess of $15 million.
• Obtained dismissal of lawsuit against defendant trustee defending claims of breach of trust, breach of fiduciary duty, undue influence, duress, and tortious interference with expectancy.

Community & Professional

• American Bar Association
  • Vice Chair of Real Property Division Litigation and Ethics Group 
  • Past Chair of Real Property Litigation and Alternative Dispute Resolution Committee, ABA Real Property, Trust and Estate Law Section 
  • Past Vice-Chair of Real Property Litigation and Alternative Dispute Resolution Committee, ABA Real Property, Trust and Estate Law Section
  • Past Chair of Young Lawyer's Division, ABA Real Property, Trust and Estate Law Section
  • Past Vice-Chair of Young Lawyer's Division, ABA Real Property, Trust and Estate Law Section
• Advisory Board, South Tampa Family YMCA: 2016-2023
• Director of Community Service Projects, Georgetown University Alumni Club of Tampa Bay
• Crossroads for Florida Kids, Attorney ad litem: 2014-present
• The Florida Bar: Real Property, Probate and Trust Law Section