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.

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.

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.

Successfully prevented the condemnation of properties sought for public uses.

Successfully prevented the condemnation of property based upon redevelopment agencies’ failures to offer owner participation rights to condemnees.

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.

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

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.

Successfully represented client in obtaining a $15,500,000 settlement of partial taking eminent domain case after appeal.

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.

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.

Successfully prevented the condemnation of property based upon the condemnor’s failure to comply with CEQA prior to initiation of the condemnation action.

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.

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.

Successful appeals of adverse zoning and planning decisions, including both grants and denials of conditional use permits, variances, changes of zoning, and other entitlements.

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.

Successfully represented major California business which purchased 50 acre parcel with environmental indemnity from the seller which the seller refused to honor.

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.

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

Often retained as member of a developer’s team of lawyers and experts formed to obtain entitlements on major projects.

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

Successfully represented buyers in specific performance cases against recalcitrant sellers

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.

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

Successfully represented lenders in claims by borrowers for lender liability.

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.

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.

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.

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.

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.

Represented corporate finder when his claim for finders fee denied by acquiring corporation.

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.

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.

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.

Defeated claim for substantial loan brokerage fee based upon nonexistence of broker’s license.

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