PARTIAL LIST OF CASES
Following is a partial list of cases
handled by Robert P. Silverstein involving eminent domain, CEQA, land
use litigation, and municipal law:
LAUSD
Represented
owner of 21-unit apartment building in Huntington Park. Los
Angeles Unified School District filed complaint in eminent domain to
acquire property for a new school site. Increased LAUSD's payment
from $735,000 to $1.3 million (77% increase over initial offer).
State of
California (Caltrans)
Represented
three churches in Westchester, near L.A. Int'l Airport. Caltrans
(Dept. of Highways) filed a complaint in eminent domain to acquire
an easement on church property, and offered $25,000 as probable just
compensation. Using special evidentiary valuation rules for
religious institutions, Robert P. Silverstein argued for damages
of $250,000. In response, Caltrans abandoned the acquisition, left
the property untouched, and paid all of the churches' attorney
fees and costs.
City of Palmdale
Represented
property owner in a three-week eminent domain jury trial. Helped
to obtain jury verdict more than 20 times the condemning agency's initial
appraisal, plus court-ordered award of litigation expenses and attorney
fees. Robert P. Silverstein was featured throughout California on the
front page of the Los Angeles and San Francisco Daily Journals for
this outcome.
City of Rancho
Cucamonga
Represented
property owner in eminent domain action filed by Rancho Cucamonga for
street realignment project impacting railroad project. Successfully
argued that City's complaint was invalid because of failure to comply
with Public Utilities Commission jurisdiction over crossing. Judge
dismissed City's case in open court. City paid all of client's
attorney fees and costs.
City of Beverly
Hills
Represented
neighborhood community group in action which forced City of Beverly
Hills to abandon planned zone change along 12 blocks of Wilshire Blvd. Project
would have enabled four existing office buildings, totaling 750,000
square feet, to convert to high density residential use. Reduced
original project to one building, and then filed a lawsuit over the
one-building spot zone. Reached settlement involving significant
concessions from developer and City including occupancy restrictions,
traffic restrictions, elimination of balconies for noise and privacy
protection of neighbors, specialized asbestos removal procedures, restriction
on "open space" areas, perpetual restrictive covenants running with
the land, and payment of attorney fees and costs.
City of Beverly
Hills
Represent
alliance of homeowners, commercial property owners, and business owners
opposed to massive hotel and condominium project at Wilshire Blvd.
and Beverly Drive in Beverly Hills. Filed lawsuit alleging City's
violations of California Environmental Quality Act ("CEQA") regarding
defective Environmental Impact Report ("EIR"). Also alleged
causes of action for violation of Brown Act (California Open Meetings
Law), zoning and land use laws, and Statutory Development Agreement
Act. Case is currently on appeal.
City of Beverly
Hills
In
connection with above-described hotel project, filed separate lawsuit
against the City Council of Beverly Hills for violation of California
Public Records Act ("CPRA"). City had withheld secret documents
related to the project. After completing trial, the Judge ordered
the City to disclose 56 of 63 documents totaling hundreds of pages
of key environmental and economic data. The Judge also ordered
the City to pay $70,000 in attorney fees for having violated the CPRA.
City of Los
Angeles
Represent
neighborhood association opposed to park expansion project which would
cause adverse noise, lighting and safety impacts on community. Filed
lawsuit against City of Los Angeles alleging violation of CEQA by City's
failure to properly study project's environmental impacts and by adopting
Notice of Exemption before project approval, in violation of CEQA Guidelines.
City withdrew project approvals, modified project to eliminate disputed
elements, and paid half of client's attorney fees as compromise.
City of Los
Angeles
Represented
developer of gasoline service station expanding site to include quick
serve retail and drive-through restaurant. Helped client obtain
zone change, offsite parking by way of long-term lease in lieu of covenant,
and conditional use permit. Worked with Mayor's development team and
Councilwoman's office. Resolved complicated issues with Planning
Dept., Bureau of Engineering, Building & Safety, and Dept. of Transportation.
Using constitutional arguments, defeated Bureau of Engineering's request
that Zoning Administrator condition approval of project on forced "dedication" of
portion of client's property and closure of one of client's driveways.
City of West
Hollywood
Represented
alliance of homeowners, commercial property owners, and business owners
opposed to massive hotel and condominium project on Sunset Blvd. Engaged
in preparation of CEQA objections and filed lawsuit against City and
developer, which is pending.
City of Pasadena
Based
on CEQA objections, defeated expansion of private school's athletic
field, including proposed installation of 70-foot-high pole lights
for night games in residential neighborhood. Also required school
to erect sound attenuating barrier at school's cost for benefit of
neighbors.