Biography
Michael Patrick Durkee is Co-Chair of the firm's California Land Use Practice. He is resident in our Walnut Creek office, where he practices land use, elections, and local government law in both administrative and judicial proceedings. Mike represents developers, builders, property owners, cities, counties, special districts, and interest groups in all aspects of California local government, elections, and land use entitlement, review, and approval processes. He has transactional and litigation expertise in the laws and processes regarding the California Environmental Quality Act (CEQA), local governance, general plans, specific plans, planning, zoning and development, vested rights (common law, development agreements, vesting maps), exactions (fees/dedications), the Subdivision Map Act, Williamson Act, and local elections (initiative, referendum, recall). Mike also serves as an expert on these topics, and has been involved in several law-changing litigation matters.
Mike has been instrumental in the creation, coordination, and implementation of overall entitlement strategy (including defense tactics) for some of California's most controversial development projects, including the San Jose Giants Ballpark Proposal, the Buck Center for Aging and Research, Black Point, Buck Mountain Ranch, and the North Livermore Initiative. He is widely recognized for his expertise in effective negotiation and resolution. Mike has extensive expertise regarding "value-enhancing" entitlements and is considered one of the state's top creative land-use minds. He regularly handles the coordination with city/county staff regarding the planning of the project, the negotiation and drafting of all agency documents for legal compliance and tactical advantage, the coordination of all environmental, planning, and engineering consultants and their reports, and the transition into litigation when necessary.
Mike's litigation practice involves CEQA litigation, planning and zoning law litigation, and Subdivision Map Act litigation, representing landowners, developers, builders, businesses and governmental agencies in state and federal courts.
Mike runs the site, www.landusenavigators.com, a preeminent online resource about California land use issues. In late 2010 he launched the blog www.sustainablecommunitieslaw.com.
Memberships
- Advisory Board of The California Land Use Law and Policy Reporter, former member
- State Assembly Local Government Committee's "Subdivision Map Act Advisory Group"
- California Bar Association: Real Property, Environmental and Public Law Sections, member
- San Francisco Bar Association: Real Property Law Section, member
- Contra Costa County Bar Association: Real Estate Section, member
- Contra Costa County Bar Association Real Estate Section: Director-at-Large (2011); Treasurer (2012)
- Contra Costa Council (2010-2011)
- Urban Land Institute (2009-2011)
- Association of Environmental Professionals (2010-2011)
- California Land Use Law and Policy Reporter, Argent Communications, Advisory Board Member (1991 - 2001)
- Assembly Local Government Committee’s Map Act Advisory Group,” Member (1993 - 1994)
- SPUR (San Francisco Planning and Urban Research Association) Member
Former Employment
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McCutchen, Doyle, Brown & Enersen (now Bingham McCutchen)
San Francisco/Walnut Creek Offices (1986 - 1997)
Associate (1986), Counsel (1990) and Partner (1991 - 1997) in McCutchen’s Land Use & Environmental Group. Helped start firm's Land Use practice and for 11 years was key to its expansion statewide.
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Best, Best & Krieger
Riverside Office (1984 - 1986)
Associate in the Municipal Law Department representing public agencies. Work included CEQA, Land Use, water rights, public contracts, conflicts of interest, LAFCO, and Brown Act. Served as deputy city attorney for several cities, and was associate general counsel for two community services districts.
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United States Attorney
Yosemite, California (Summer 1983)
Prosecutor in Federal Magistrate Court - One of two students chosen statewide to represent the National Park Service in Yosemite National Park with full prosecutorial powers and discretion (misdemeanor and felony arraignments/information, and misdemeanor trials).
Partial List of References
Stephen P. Beinke, President
Blackhawk Services
3820 Blackhawk Road
Danville, CA 94526
(925) 736-1571
Jeff Walter, Partner
Walter & Pistole
670 West Napa Street,
Suite F
Napa, CA 95476
(707) 996-9690
Michael Hakeem, Partner
Hakeem, Ellis & Marengo
3414 Brookside Road,
Suite 100
Stockton, CA 95219
(209) 474-2800
Accolades
- Selected for inclusion in Northern California Super Lawyers (2004, 2005, 2006, 2009, 2010, 2011)
- Listed in The Best Lawyers in America (2001)
- "Outstanding Instructor" award, UC Davis Extension (1992)
Education
Mike received his B.S. from the University of California, Davis in 1981 and was graduated with Distinction from McGeorge School of Law, University of the Pacific, in 1984.
Bar Admissions