David H. Blackwell

Representative Matters

Litigation

Entitlements 
  • Lake Luciana, LLC v. County of Napa (Napa Superior) Represented developer in litigation regarding denial of conditional use permit. Following briefing and argument, secured writ of mandate in first phase of action to set aside Board of Supervisors' action and successfully opposed the County's appellate writ. 
  • Fogarty v. City of Chico (Butte Superior) Represented City in lawsuit brought by property owner. Argued demurrer in trial court regarding application of appropriate statute of limitations under the Subdivision Map Act and Mitigation Fee Act, which property owner unsuccessfully appealed in published opinion (148 Cal.App.4th 537). 
  • Blair v. City of Novato (Marin Superior) Represented developer in two separate mandate proceedings filed by neighborhood group challenging city approvals of residential development project. Argued at both trial court writ proceedings, and drafted the successful appellate briefs.
Initiatives and Referenda
  • Dimmick et al. v. City of Walnut Creek (Contra Costa Superior) Represented citizens in writ petition against City regarding City's handling of competing ballot measures for controversial retail project downtown. 
  • Citizens Protecting the Rights of Property Owners, Inc. v. Jeffries (San Bernardino Superior) Represented vacation rental group in petition for writ of mandate alleging a procedural defect to qualified initiative. 
  • Lindelli v. Town of San Anselmo (Marin Superior) Represented real party in interest sanitation company in writ of mandate proceedings brought by competitor involving franchise agreement, referendum and related elections law issues.
Miscellaneous
  • County of Humboldt v. McKee (Humboldt Superior) Represented owner of 13,400-acre ranch in Humboldt County in lawsuit brought by the county alleging Subdivision Map Act and Williamson Act violations regarding sales of lots. 
  • CarrAmerica v. eBay (Santa Clara Superior) Represented landowner in litigation with adjoining owner and City of San Jose involving impairment of access rights. 
  • Mission West Properties/West Coast Venture Capital, LLC (Northern District of California, Santa Clara Superior, Alameda Superior) Represented developer regarding several development projects in the Bay Area. Initiated federal litigation against U.S. Army Corps of Engineers regarding its asserted jurisdiction over wetlands on Fremont property. Also represented owner in eminent domain and inverse condemnation litigation against City of Fremont leading to settlement and entitlements for the site.

Transactional

Due Diligence/Acquisitions
  • Retailer. Represented a big box retailer in due diligence review and land use oversight for siting of several new stores in the Northern California. 
  • Lender. Represented Chicago-based mezzanine lender regarding potential purchase of industrial property in southern Napa County, California. 
  • Developer. Represented developer in due diligence review and conducted negotiations with seller for large residential project in downtown San Francisco, California. 
  • Bank. Represented bank in due diligence analysis for lender on several major development projects. 
  • Developer. Represented developer in due diligence for complicated purchase of interest in a large Lake Tahoe, California, resort. 
  • Developer. Represented developer with due diligence review and negotiations with sellers and local agencies regarding entitlements for two large Northern California residential projects.
Multifamily/Affordable Housing 
  • Developer. Represented multi-family developer in negotiations with the City regarding scope of affordable housing unit project. 
  • Nonprofit. Represented nonprofit in securing entitlements for affordable housing project in Marin County, California, and resolved easement and access issues relating to adjoining landowners. 
  • Developer. Represented developer with securing approvals for large mixed-use affordable housing project in downtown Berkeley, California. 
  • Developer. Represented developer during due diligence period of large multi-family project in Concord, California. 
  • Developer. Represented multi-family developer regarding affordable housing issues in various jurisdictions.
Entitlements
  • Developer. Represented developer with securing key entitlements for development of mixed use area of Pacific Commons development. 
  • Developer. Represented Chicago-based developer with securing entitlements for 200+ unit luxury high-rise in downtown San Jose, California. 
  • Data Center Company. Represented client with securing entitlements for data centers. 
  • Capital Partner. Represented capital partner with securing conditional use authorization and parking agreement for medical office use in San Ramon, California.
  • Owner. Represented owner in securing conditional use authorization from City and County of San Francisco, California, for re-establishment of historical brewery. 
  • Developer. Represented developer regarding proposed residential development in Palo Alto. 
  • Developer. Represented developer of highly controversial development project in securing legislative entitlements by preparing and qualifying initiative.
Miscellaneous
  • Energy Company. Represented subsidiary of multinational corporation in securing permit from CEC for operation of 200 MW electrical power plant. Representation included negotiations with Alameda County and the Department of Conservation regarding Williamson Act compatibility. 
  • Retail Company. Represented international retail client with drafting and securing City approval of successful ballot measure regarding the development of a store in East Palo Alto, California.