Kenneth B. Bley

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.