KEVIN H. BROGAN specializes in the trial of real estate and business cases, with a particular emphasis on eminent domain and inverse condemnation matters. He has substantial experience in the trial of jury and nonjury matters in state and federal courts, as well as before administrative tribunals and other forums. He is a Fellow of the American College of Trial Lawyers and is listed in The Best Lawyers in America.
KEVIN H. BROGAN specializes in the trial of business and real property cases, with a special emphasis on eminent domain and inverse condemnation matters. He has substantial experience in the trial of jury and non-jury cases in federal and state courts and before administrative tribunals. Mr. Brogan is a native of Pasadena. California. He received a Bachelor of Science degree from the University of California at Berkeley, Haas School of Business in 1976 and a juris doctorate from the University of California, Hastings College of Law in 1979. He served as Law Clerk for Honorable Oliver Seth, Chief Judge of United States Court of Appeals for the Tenth Circuit, in Santa Fe, New Mexico. He is admitted to practice in California, before the United States Supreme Court, the Court of Federal Claims, and numerous federal district and circuit courts. He joined Hill, Farrer & Burrill LLP in 1978 as a summer clerk and has been with the firm since graduating from law school in 1979.
Mr. Brogan is a Fellow of the American College of Trial Lawyers. He is listed in The Best Lawyers in America in the field of eminent domain and condemnation law and has been selected Best Lawyers’ Los Angeles Eminent Domain and Condemnation Lawyer of the Year
in 2011 and again in 2015.
He is active in bar activities. Since 2011, he has been Co-Chair of the Eminent Domain Subcommittee of the Real Estate Litigation Committee of the Litigation Section of the American Bar Association. From 1995 through 1997, Mr. Brogan was Co-Chairman of the Inverse Condemnation and Eminent Domain Subsection of the Real Property Section of the State Bar of California. From 1992 through 1995 he was Chairman of the Eminent Domain and Land Valuation Committee of the Los Angeles County Bar Association. From 1989 to 1992 he was Vice Chair of the Judicial Evaluation Committee of the Los Angeles County Bar.
His professional affiliations also include the Association of Business Trial Lawyers and the Chancery Club of Los Angeles. In 2007, he wrote the California portion of the American Bar Association’s Compendium of The Laws of Eminent Domain and he updates it on a yearly basis. He is a frequent lecturer on topics focusing on eminent domain, the examination and cross-examination of expert and valuation witnesses, and other issues.
Currently, Mr. Brogan is representing a number of real property and business owners in various condemnation proceedings brought by state and local government agencies. The properties being condemned include those being used as shopping centers, industrial facilities, retail centers, development tracts, and stand alone manufacturing facilities. He is also representing a number of property owners in inverse condemnation matters. In addition, Mr. Brogan is representing parties in lease valuation, land use, partnership, zoning and related disputes. His jury trials within the last two years include prevailing in several condemnation and inverse condemnation trials in which he represented owners of property with a variety of uses, including commercial office buildings, retail properties and raw land, He also successfully completed the retrial of Cuna Mutual v. Los Angeles Metropolitan Transportation Authority, leading to a substantial settlement in favor of Cuna. He was retained as trial counsel for Campus Crusade in the retrial of Metropolitan Water District v. Campus Crusade (2007) 41 Cal.4th 954 which recently settled. During this period, Mr. Brogan has also convinced, through litigation and/or negotiation, various governmental agencies to not condemn properties of clients who desired to avoid the condemnation of their parcels.
Mr. Brogan was lead counsel for the AEG in CEQA litigation in which homeowner groups challenged the Environmental Impact Report for Home Depot Center now known as Stubhub Center, including the soccer stadium. During this same period, he also successfully defended a number of major law firms charged with legal malpractice, breach of fiduciary duty, and malicious prosecution. His representation of firms includes claims involving all types of underlying matters, from claims involving intellectual property to corporate representation to alleged mishandling of litigation. The firms range from Southern California based firms to international law firms.
Some of his cases which have been reported in published opinions include: Cuna Mutual Iris. v. Los Angeles County Metropolitan Transp. Authority (2003) 108 Cal.App.4th 382, City of Vista v. Fielder (1996) 13 Cal.4th 612, Community Redevelopment Agency v. Force Electronics (1997) 55 Cal.App.4th 622, LAUSD v. Trump Wilshire (1996) 42 Cal.App.4th 311, State of California v. Union Pacific Land Resources (1984) 179 Cal.App.3d 307, Pincus v. Pabst Brewing (7th Cir. 1990) 893 F.2d 1544, and Myers v. Atchison, Topeka & Santa Fe (1990) 224 Cal.App.3d 752.
He is a member of the Board of Directors of Children’s Hospital Los Angeles where he is Chair of the Governance Committee and also serves on the Compensation Committee. He is volunteer Assistant General Counsel and a member of the Board of Directors of the Greater Los Angeles Area Council of the Boy Scouts of America. He is a member of the California Rugby Alumni Board which consists of former Cal Rugby players.
He is also a member of the boards of The Ketchum-Downtown YMCA and the St. Thomas More Society which sponsors the Los Angeles Red Mass, the Executive Committee of the Friendly Sons of St. Patrick, and several other non-profits. In years past, he has been an assistant coach for The Los Angeles Cougars, a boys under-18 rugby club, a member of the Development Committee at Loyola High School, a member of the Board of Trustees of the Mayfield Junior School, a member of the board and past President of San Marino National Little League and the Regional Chief Coach of AYSO Region 214. He actively works with Public Counsel, providing pro bono assistance in his practice areas.
Eminent Domain Personal/Commercial
Represented literally hundreds of property owners whose property has been condemned by federal, state and local governmental entities, special districts, and utilities. This representation has involved all types of property from high rise office buildings, industrial parks, shopping centers, residential developments, apartment buildings, farmland, and unimproved land. Many of these cases have gone to jury trial at which our clients prevailed, but the overwhelming majority settled before trial.
Inverse Condemnation Action Against MTA
Brought an inverse condemnation action against the metropolitan transportation authority (MTA) on behalf of the owner of nationally recognized historic theater in Hollywood that had incurred significant expenses to mitigate damage to the historic theater during MTA train station construction. After an adverse ruling at the first trial, obtained full reversal from court of appeal in a published decision recognized as one of California Real Property Journal’s Top Ten Real Property Cases of 2003: Cuna Mutual Life Insurance Co.v. L.A. County MTA (2003) 108 Ca.App.4th 382. After successfully establishing liability on retrial, MTA paid $1.6 million in settlement to avoid the damages trial.
Eminent Domain Union Station
Prevailed at trial with verdict of $84,700,000 in an eminent domain case involving the attempt by the State and City to condemn Los Angeles Union Station; our clients were awarded their fees and costs incurred after the State and City abandoned the taking due to the size of the verdict. State of California v. Union Pacific Land Resources (1985) 179 Cal.App. 3d 307.
Eminent Domain Public Condemnation
Successfully prevented the condemnation of properties sought for public uses.
Eminent Domain Condemnation Redevelopment
Successfully prevented the condemnation of property based upon redevelopment agencies’ failures to offer owner participation rights to condemnees.
Inverse Condemnation Damage Award
Prevailed at jury trial and on appeal in an eminent domain action with an additional damage award for unreasonable precondemnation delay and conduct by the condemning agency. Our client also received reimbursement from the condemning agency for the fees and costs incurred in the case. Hawthorne Red. Agency v. Force Electronics (1997) 55 Cal.App.4th 622
Successfully represented at trial a number of property owners in claims for precondemnation damages due to unreasonable precondemnation delay or conduct by the condemnation agencies. These cases included situations where the condemning agency downzoned the property in anticipation of condemnation, forced the removal of improvements, prevented development and hindered rental of the properties. See e.g. Hawthorne Red. Agency v. Force Electronics (1997) 55 Cal.App.4th 622.
Inverse Condemnation Theater
Prevailed on appeal in an inverse condemnation case involving the El Capitan Theatre. The retrial led to a finding of liability after which the case settled. Our client also received an award for the fees and costs it incurred in the case from initial trial, on appeal, and on the retrial. Cuna Mutual Insurance v. Los Angeles Metropolitan Transportation Authority (2003) 108 Cal.App.4th 382
Business eminent Domain Goodwill Claims
Represented hundreds of business owners in loss of business goodwill claims caused by condemnation, as well as claims for improvements, inventory and mitigation expenses. The subject businesses included, amongst others, gasoline and service stations, markets and mini-marts, retail chains, restaurants, discount stores, theatres, and industrial plants.
Eminent Domain Partial Taking
Successfully represented client in obtaining a $15,500,000 settlement of partial taking eminent domain case after appeal.
Inverse Condemnation Preserved Property
Prevailed at trial of liability for inverse condemnation in action whether government agency had preserved property within a future right of way, essentially refusing to allow development within an area planned for future infrastructure. After the liability finding, the case settled for $4,500,000 plus reimbursement of litigation expenses. Settled before trial several other similar cases based upon claimed preservation of property for future public improvements.
Inverse Condemnation Caltrans
Prevailed at jury trial with verdict of $2,500,000 in an eminent domain and inverse condemnation action arising out of a Caltrans induced slide in Malibu. Our client also received reimbursement from the condemning agency for the fees and costs incurred in the case.
Eminent Domain Condemnation CEQA
Successfully prevented the condemnation of property based upon the condemnor’s failure to comply with CEQA prior to initiation of the condemnation action.
Inverse Condemnation - Metrorail Tunneling Damage
Successfully represented dozens of property owners whose properties were damaged or destroyed by Metro Rail tunneling and station construction on Wilshire and Hollywood Boulevards. Most of the inverse condemnation cases settled before trial; one inverse condemnation went to binding arbitration resulting in a substantial award to our client, the owner of the historic Wiltern theatre.
Land Use Litigation Home Depot
Prevailed at trial and on appeal in our representation of owner and developer of Home Depot Center, the Galaxy soccer stadium in Carson, in a CEQA challenges brought by neighborhood groups seeking to prevent the construction and operation of the stadium.
Land Use Litigation Zoning and Planning
Successful appeals of adverse zoning and planning decisions, including both grants and denials of conditional use permits, variances, changes of zoning, and other entitlements.
Real Estate Lease Disputes
Representation of tenants and landlords in lease disputes, including claimed violations of use restrictions and covenants and alleged improper rent, CAM charges, and other financial claims.
Environmental Indemnity Litigation
Successfully represented major California business which purchased 50 acre parcel with environmental indemnity from the seller which the seller refused to honor.
Rent Resets in Long Term Ground Leases
Mr. Brogan has successfully represented clients in rent adjustment trials and arbitrations where the long term ground lease calls for a rent adjustment based upon highest and best use or existing use valuations.
Real Estate Adverse Users
Represented property owners where trespassers, engaging in recreational activities on the properties, filed suit for personal injury arising out of claimed defects on the properties. See e.g. Myers v. Atchison, Topeka & Santa Fe (1990) 224 Cal.App.3d 752
Land Use Litigation Developer
Often retained as member of a developer’s team of lawyers and experts formed to obtain entitlements on major projects.
Real Estate Partnership and Ownership Disputes
Successfully prosecuted and defended partners in various real estate ventures as to claims between partners, and from third parties, alleging fraud, mismanagement, defalcation, and breach of fiduciary duty
Real Estate Recalcitrant Sellers
Successfully represented buyers in specific performance cases against recalcitrant sellers
Real Estate - Option Exercise on Shopping Center Avoided
Represented a property owner in litigation in which a tenant sought to exercise the tenant’s option to purchase the shopping center. Result: option exercise disallowed; held that the tenant had improperly interfered with the appraisal and that the appraiser had failed to disclose conflicts of interest prior to undertaking the appraisal assignment.
Real Estate Shopping Center
Represented ground lease tenants in litigation involving the tenant’s exercise of an option to purchase the shopping center. Result: option exercises allowed and occurred
Real Estate Lender Liability
Successfully represented lenders in claims by borrowers for lender liability.
Legal Malpractice Fiduciary
Prevailed at trial in legal malpractice and breach of fiduciary duty action against our client, a large law firm, which was accused of failing to competently try the underlying business trial.
Legal Malpractice Fiduciary Duty
Prevailed at trial in a legal malpractice and breach of fiduciary duty action against our client, a large law firm, which was accused of expropriating client’s intellectual property and business plans.
Legal Malpractice Joint Ownership
At trial, obtained defense verdict for major law firm on malpractice and breach of fiduciary duty claims arising out of underlying dispute in joint ownership of substantial industrial buildings.
Legal Malpractice Real Estate
Prevailed at trial in a fraud claim brought against our client, a real estate broker, which was accused of failing to disclose a threat that the subject property might be condemned by a redevelopment agency. Other successful defenses, at trial, of brokers accused of failing to investigate and disclose various defects in property.
Legal Malpractice Trust Funds
At trial, obtained defense judgment for major law firm faced with claim that firm had improperly paid several million dollars in client trust funds to an unauthorized recipient.
Business Torts Finders Fee
Represented corporate finder when his claim for finders fee denied by acquiring corporation.
Business Torts Fraudulent Representations
Represented a Fortune 500 company accused of illegally offering franchises and seller assisted marketing plans for sale based upon fraudulent representations and material nondisclosures of the risks involved in the claimed franchises.
Business Torts Contract Interference
Represented lender in litigation in which the lender was accused of interfering with the contract of a real estate broker who held a listing to sell an office building.
Business Torts Title Slander
At trial in U.S. District Court, defeated claim for slander of title and interference with contract arising out of the recording of lis pendens on a substantial number of properties in several states.
Business Torts Loan Brokerage
Defeated claim for substantial loan brokerage fee based upon nonexistence of broker’s license.
Business Torts Acquisition Refusal
Defense of a claim of exercise of a right of first refusal for the acquisition of a subsidiary of the company. Pincus v. Pabst Brewing (7th Cir. 1990) 893 F.2d 1544