Jason M. Divelbiss

Jason is the Owner of Divelbiss & Wilkinson and practices exclusively in the fields of land-use, zoning and real estate law with bar admissions in the States of Maryland (’03), Kansas (’02) and Missouri (’00).

After graduating from William & Mary School of Law where he was a member of the Environmental Law and Policy Review, graduated in the top 24% of his class, and received the CALI Excellence for the Future Award for excellent achievement in the study of American Constitutional History, Jason practiced (1999-2002) with the boutique land-use law firm of Freilich, Leitner & Carlisle in Kansas City, MO.

During his years with Freilich, Leitner & Carlisle, he worked with Robert H. Freilich, one of the nation’s pre-eminent scholars and practitioners in the fields of planning, development, zoning and land-use law. He also co-authored the academic work, “City of Monterey v. Del Monte Dunes, ‘The Public Interest is Vindicated’”, The Urban Lawyer, Vol. 31, No. 3 (Summer, 1999)) which focused on the Due Process and Equal Protection clauses of the 14th Amendment and the issue of regulatory takings in violation of the 5th Amendment; authored a Petition for Review to the Arizona Supreme Court in a case involving Adequate Public Facilities Ordinances; authored a Petition for Writ of Certiorari to the Supreme Court of the United States in another case involving Federal and State Constitutional claims related to Due Process, Equal Protection and Regulatory Takings; and co-authored an amicus curiae brief to the United States Supreme Court on behalf of the American Planning Association and the National Trust for Historic Preservation in the case of Tahoe Sierra Preservation Council, Inc., et al. v. Tahoe Regional Planning Agency, et al. (2002)

After a brief stint operating a solo-law practice in Kansas City, MO (2002-2003), Jason returned to Washington County, Maryland to join the law firm of Miller, Oliver, Baker, Moylan & Stone where he practiced (2003-2011) until establishing Divelbiss & Associates.

In his years practicing in Washington County, Jason has represented publicly traded national homebuilders, as well as local homebuilders and developers, with regard to all facets of the land acquisition, financing, and land-use entitlement processes. Jason also has extensive experience in working through the same processes with large commercial, industrial and retail developers, as well as local commercial builders and developers. In addition, Jason has worked with numerous lending institutions to produce commercial loan documents to finance various residential, commercial, industrial and retail properties and developments.

In addition to his work with clients, Jason has been a continuing education speaker on the Development Approval Process in Maryland, in particular, on the topic of Adequate Public Facilities Ordinances; was appointed by the Washington County Board of County Commissioners to serve on the Rural Area Rezoning Task Force (’04), the Excise Tax Review Committee (’07) and the Pen Mar Development Corporation (’11) and has served on numerous Boards of Directors in the local community including the American Red Cross, YMCA, Hagerstown Community College Foundation, and the Community Foundation of Washington County.

Focus Areas:

  • Real Estate
  • Land-use/Development

Education:

  • Smithsburg High School (’93)
  • Indiana University of Pennsylvania (’96)
  • William & Mary School of Law (’00)

Bar Admissions:

  • Maryland
  • Kansas
  • Missouri
  • Pennsylvania
  • United States Supreme Court

Civic Organizations:

  • Community Foundation of Washington County Board of Trustees
  • Pen Mar Development Corporation Board of Directors
  • Orrstown Bank Advisory Board
  • YMCA Board of Directors
  • American Red Cross, Hagerstown-Washington County Chapter Board of Directors
  • First national Bank of Greencastle Advisory Board
  • Hagerstown Community College Board of Trustees
  • Appointed by Washington County Board of County Commissioners to:
    • Rural Area Re-zoning Task Force
    • Planning and Permitting Process Review Committee