Many controversial development projects end up in litigation, and experienced developers often have qualified counselors involved early in the approval process to help prepare.
Allen Matkins land use litigation attorneys have unparalleled experience in both the procedural and substantive law that is unique to California land use cases.
Our litigators work closely with our entitlement specialists and local agency staff to ensure that the litigation strategy for our clients is well-positioned even before the lawsuit is filed. This critical foundational work strengthens our clients’ position in court—and often dissuades the other side from seeking judicial relief in the first place.
EXPERIENCE
- Developer. 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 successful appellate briefs.
- Farm Organization. Drafted amicus brief seeking appeal of federal 9th Circuit Court of Appeals decision regarding conflict between enforcement of Endangered Species Act and exercise of state vested water rights.
- Developer. Represented client in litigation contesting Riverside County's approval of the western Riverside Multiple Species Habitat Conservation Plan. Obtained favorable settlement prior to trial.
- Container Storage Facility Owner. Represented the owner of a cargo container storage facility against criminal misdemeanor charges brought by the City of Los Angeles for maintaining a legal nonconforming use in the community of Wilmington.
- Sanitation Company. Represented real party in interest sanitation company in writ of mandate proceedings brought by competitor involving franchise agreement, referendum and related elections law issues.
- Developer. Represented developer in connection with litigation in federal court against U.S. Army Corps of Engineers regarding its asserted jurisdiction over wetlands on property located in the City of Fremont. Also represented developer in eminent domain and inverse condemnation litigation against City of Fremont leading to successful settlement and entitlements for the site.
- Developer. Represented client in connection with several development projects in San Jose and Fremont. Work in San Jose included litigation against City regarding excessive development conditions. Secured agreement resolving all outstanding development issues for client projects in San Jose.
- Landowner. Represented landowner in litigation with adjoining owner and City of San Jose involving impairment of access rights.
- Golf Course Developer. Represented golf course developer in state and federal litigation regarding denial by Napa County of conditional use permit.
- City. 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.
- Developer. Co-counsel in CEQA lawsuit brought by developer client against City of San Jose regarding need for substantial evidence in record.
- League of California Cities. Amici Curiae counsel to League of California cities in precedent-setting CEQA case regarding "alternative sites" analysis in EIRs.
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