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David C. Levy represents clients in zoning, land use, energy, municipal law and general real estate matters, and in transactional, administrative, legislative and judicial proceedings. He is resident in the firm’s Omaha and Lincoln offices.

David represents developers of wind and solar energy generation projects in Nebraska with over 1,350 megawatts operating, under construction or subject to power purchase agreements, and approximately 2,500 megawatts in development.

David is a registered lobbyist in the State of Nebraska. In June, 2009, the Nebraska legislature appointed David to its wind energy technical working group. In early 2010, he successfully represented wind development interests in the drafting and negotiation of LB 1048, Nebraska’s “omnibus” wind export bill, which the Nebraska Legislature unanimously passed. In 2011, David led a group that introduced and lobbied for a bill that would create a state historic tax credit in Nebraska. In 2014, this effort successfully concluded with the passage of LB 191, which creates a 20 percent state tax credit for rehabilitation of historic buildings in Nebraska. In 2016, David played a central role in the development and passage of LB 824, which removes regulatory barriers to significant renewable energy development for export outside of Nebraska.

David has served as an Adjunct Professor in Land Use Law at the University of San Francisco School of Law, and has taught legal writing at Creighton University School of Law. He is admitted to practice law in California, Iowa, Kansas and Nebraska, and has earned the American Institute of Certified Planners designation, the City Planning profession’s highest level of certification. Since 2012, David has been selected by his peers for inclusion in The Best Lawyers in America® in the field of Land Use & Zoning Law and Great Plains Super Lawyers in the practice are of Real Estate.. In 2013 and 2016, David was selected as Best Lawyers Land Use and Zoning Law Lawyer of the Year. In 2015, the American College of Real Estate Lawyers elected him as Fellow.

Prior to joining the firm, David practiced land use and environmental law with a firm in San Francisco. Before beginning his legal career, he worked for seven years as a City Planner for the City and County of San Francisco. He is a native of Lincoln, Nebraska. 


  • University of California, Hastings College of Law, J.D., 1999
  • University of California, Berkeley, Masters degree in City and Regional Planning, 1996
  • University of California, Berkeley, Bachelor’s degree in Urban Studies, 1991

Professional & Civic Affiliations

  • Dr. Susan LaFlesche Picotte Center Board of Directors, Member (2021-Present)
  • Benson Theater Board of Directors, Member (2021-Present)
  • Douglas County Board of Health (ex-officio, non‑voting) (2020-Present)
  • Omaha Housing Authority, Commissioner (NAHRO Commissioner Certification) (2015—present), Vice-Chairman (2017—2018), Chairman (2018-present)
  • Douglas County Planning Commission (2016—present), Vice-Chairman (2017—2021), Chairman (2021—present)
  • City of Omaha Administrative Board of Appeals (2007—present), Vice-Chairman (2009—2016), Chairman (2016—present)
  • History Nebraska, Trustee (2019—present)
  • The Nature Conservancy, Nebraska Chapter, Trustee (2019—Present)
  • State Law Resources, Inc., Board of Directors (2013—2020), President (2018—2019)
  • American College of Real Estate Lawyers, Fellow (2015—present)
  • Nebraska Association of Commercial Property Owners Board of Directors, (2013—present)
  • Omaha by Design, Board of Directors (2013—present), President (2020—present)
  • Omaha by Design, Advisory Council (2007—present)

Bar & Court Admissions

  • California, 1999
  • Nebraska, 2006
  • Iowa, 2009
  • Kansas, 2021
  • United States Court of Appeals for the Ninth Circuit, 1999
  • United States District Court for the Northern District of California, 1999
  • United States District Court for the District of Nebraska, 2014 
  • United States District Court for the Central District of California, 2015

Selected Practice Highlights

  • Representing utility clients and developers of renewable energy facilities in all matters related to the siting and permitting of generation and transmission facilities, including representation with respect to Nebraska’s Community-Based Energy Development (C-BED) and Certified Renewable Export Facility (CREF) statutes, negotiation of power purchase agreements and development of projects on tribal lands
  • Representing clients before government agencies, boards and commissions, and courts regarding land use, development, and related matters, including tax‑increment financing (TIF), general plans, fees and exactions, and wetland permits
  • Advising clients regarding municipal law matters, including zoning ordinances, comprehensive plans, agency formation and compliance with open meeting, public records, political reform and election laws
  • Government relations and lobbying regarding energy, real estate and economic development matters
  • Representing developers regarding debt, equity and tax credit financing of real estate development projects
  • Preparing due diligence and risk analyses for major real estate transactions

Representative Reported Cases

  • Represents developer of master-planned golf course community in Northern California consisting of 1,025 homes, 750,000 square feet of commercial space and an 18-hole golf course. Representation has included local entitlements, development and processing of an Environmental Impact Report, settlement of lawsuit by environmental group, successful defense of lawsuit by local opposition group, including favorable decisions from the trial court and California Court of Appeal, and a decision by the California Supreme Court not to review the case
  • Represents developers of most of Nebraska’s privately-developed utility grade wind farms. Representation includes advice regarding zoning and local permitting, successful negotiation of a mitigation agreement with the United States Fish and Wildlife Service and Nebraska Game and Parks Commission, and advice regarding compliance with Nebraska’s Community-Based Energy Development (C-BED) Act
  • Represents company redeveloping large historic buildings in downtown Omaha
  • Represents developer of an 80-unit low-income apartment in Omaha project financed with low-income housing tax credits as well as various debt financings
  • Represents developer of a 148-unit mixed-use apartment and retail project in Berkeley, California. Representation includes local entitlement processing and successful defense of the project in litigation at the trial court level and Court of Appeal (Wollmer v. City of Berkeley)

1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500