Overview

Ken is a vital resource for his real estate developer clients, counseling them throughout the land use entitlement process and, when necessary, defending them in court. He has advised for over 40 years clients on all aspects of planning, zoning, and environmental review and representing them before planning commissions, city councils, boards of supervisors, and in trial and appellate courts. He also works with landowners and condemnors in eminent domain matters.

Sought-After Trial And Appellate Court Experience

Having tried dozens of cases in state and federal trial and appellate courts, Ken has argued four times before the California Supreme Court and more than a dozen of his over 50 appeals have resulted in published opinions. This is in addition to handling more than 50 trial court cases, primarily for California developers. He has submitted amicus curiae briefs to the United States Supreme Court on behalf of the National Association of Home Builders and has sat on moot courts to prepare lawyers arguing on behalf of landowners before that Court.

Ken was a member, and then Chair, of the State Bar Appellate Committee and a member of the committee which wrote the Los Angeles County Superior Court rules on CEQA litigation.

Teacher And Lecturer On Land Use And Land Use Litigation

Ken taught remedies and land use at the University of Southern California Law School for 25 years and courses on land use and land use litigation for trial judges in California and other states around the nation. He has also spoken on land use matters at the National Association of Home Builder's annual International Builders Show more than a dozen times.

As a sought after professional in land use law, Ken's published paper on the use of the Civil Rights Act in land use litigation has been cited by courts several times. He has served as an editor on treatises dealing with the California Environmental Quality Act (CEQA) and the California Subdivision Map Act published by the California Continuing Education of the Bar and is a co-author of the chapter on exactions in California Land Use Practice published by the CEB.

Experience

  • Represented the developer of a 40,000,000 sq.ft logistics facility in obtaining the certification of an EIR and project approvals, including overseeing an initiative, and then defending over a dozen lawsuits attacking the project approvals at trial and on appeal.

  • Appealed on behalf of a national builder denial of petition to compel arbitration against upward of fifty homeowners that had initiated multi-million dollar construction defect lawsuit against builder. Successfully obtained reversal of trial court decision, such that homeowners were required to submit disputes to arbitration before the American Arbitration Association (AAA).

  • Obtained a favorable appellate decision for the respondent in an appeal awarding it attorney's fees as the prevailing party.

  • Represented a base material recycler to prevent the City of Los Angeles from shutting down its facility.

  • Represented a company that provided landbanking financing in a lawsuit filed by the owner of an adjoining farm who claimed that the development of the project site had substantially harmed his crops and would continue to do so in the future.

  • Represented a residential property owner in dispute with a neighbor over whether a granny flat interfered with a road access easement. Summary judgment granted in favor of client and affirmed by court of appeal.

  • Represented the developer of a 5,000 unit master planned community in obtaining a development agreement.

  • The People ex rel. Department of Transportation v. Southern California Edison Company, 22 Cal. 4th 791 (2000). Represented the Department of Transportation in this matter before the California Supreme Court opposing the claim of Southern California Edison for $367 million in interest alleged to be owed for an eminent domain action. Ultimately, Southern California Edison received approximately $6 million, well less than the amount offered in settlement.

  • Represented a water district before the California Supreme Court in a matter involving the role of judge and jury in eminent domain cases.

  • Represented a public entity client in month-long trial of eminent domain action for the condemnation of substantial acreage that owner was in process of entitling for residential development; successful defense motions in limine at trial court level on issues relating to highest and best use, severance damages, and stigma damages.

  • Represented a real party in interest developer in CEQA case involving challenge to city's negative declaration for a housing project.

  • Acted as an expert witness in several cases involving various land use matters.

  • Represented the developer of a 7,000 unit master planned community and then settled a lawsuit attacking the project before the lawsuit was filed.

  • Represented a property owner in an eminent domain action, obtaining an opinion from the Court of Appeal upholding the right of the property owner to present evidence to the jury on more than $2 million in damages to the property – reversing a ruling by the trial court.

  • Obtained summary judgment for hospital association in connection with City of Inglewood's grant of special use permit to build psychiatric facility. Court of Appeal affirmed.

  • Represented amicus curiae in CEQA case involving issue of whether EIR prepared by project applicant's consultant could be adopted by lead agency. Court of Appeal upheld lead agency's decision.

  • Represented a developer in connection with CEQA challenge to the issuance of a building permit for the construction of a proposed office tower. Court of Appeal reversed trial court's decision not to grant preliminary injunction.

  • Represented a real party in interest developer in case involving city council member's CEQA challenge to City of Los Angeles approval of ordinance authorizing construction of office complex. Trial court held petitioner lacked standing and court of appeal affirmed.

  • Represented the developer of a large residential project in obtaining the required land use approvals and then represented the buyer of the project in modifying the approvals.

  • Represented the developer of 2.4 million square feet of logistics facilities both in obtaining the required land use approvals and then defending two lawsuits attacking the project.

  • Represented the developer of an automobile shredder in both obtaining the required land use approvals and then defending a lawsuit attacking the project.

  • Represented the developer of a large residential project in both obtaining the required land use approvals and then defending a lawsuit attacking the project. Represented the project's lender in dealing with land use problems after the developer defaulted and the lender took possession of the project.

  • Represented the developer of a 22,000 unit master planned community in negotiating school impact mitigation agreements.

  • Represented an investor in all aspects of land use after the developers defaulted and turned a number of projects over to the investor.

  • Represented hospital association in connection with City of Inglewood’s grant of special use permit to build psychiatric facility. Trial court granted summary judgment ruling the facility was exempt from CEQA. Court of appeal affirmed.

  • Represented the developer of 40 million square foot logistics facilities, through the standard approval process and through the initiative process, and then defending 13 lawsuits attacking the approvals.

Insights

News

Speaking Engagements

Publications

Awards & Affiliations

Honors & Recognitions

Best Lawyers, "Lawyer of the Year" Land Use & Zoning and Litigation, 2013, 2019

Best Lawyers, in Land Use & Zoning, Litigation – Land Use & Zoning, and Real Estate Law, 1995-2024

Southern California Super Lawyers, 2004-2021

Land Use and Zoning Lawyer of the Year in Los Angeles, 2012

California's Top Land Use Lawyers, Chambers USA

Professional Affiliations

National Association of Home Builders and the California Building Industry Association, Legal Action Committee

National Association of Home Builders Legal Action Network for Development Strategies, Director

California Building Industry Association

Building Industry Legal Defense Foundation of the Building Industry Association of Southern California, Director

State Bar of California

Bar & Court Admissions

  • State Bar of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • United States Supreme Court

Education

J.D., Harvard Law School, 1974, magna cum laude

Ph.D., University of California, Los Angeles, 1969

M.S., University of California, Berkeley, 1963

B.S., University of California, Berkeley, 1961

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