Partner

Kevin H. Brogan

OVERVIEW

Trial lawyer Kevin Brogan is known for his success on eminent domain and inverse condemnation cases, and other real property and business actions often involving valuation issues.

His clients range from multinational corporations to individual real property and business owners and include owners of major shopping and retail centers, distribution and industrial uses, hotels, office and apartment buildings as well as oil and gas properties and other unique uses. He wrote and updates the California Chapter in the American Bar Association’s book, The Law of Eminent Domain.

He has substantial trial experience in state and federal courts which he likens to playing chess, enjoying the strategy of plotting the moves ahead. Inducted as a Fellow of the American College of Trial Lawyers, an “invitation only fellowship of exceptional trial lawyers of diverse backgrounds from the United States and Canada which investigates each nominee for admission and selects only those who have demonstrated the very highest standards of trial advocacy, ethical conduct, integrity, professionalism and collegiality.” Kevin is consistently listed in Best Lawyers in America.

In addition to his eminent domain practice, Kevin defends professionals accused of wrongdoing. About 25 years ago, after a major law firm needed defense in a malpractice claim against that firm in an eminent domain matter, he successfully defended that firm, and has since handled a large number of legal malpractice and breach of fiduciary duty cases and trials on behalf of that firm and several other nationwide law firms. Kevin is certified by the State Bar as a Specialist in Legal Malpractice. He has also defended other professionals, including real estate brokers, architects and engineers.

Kevin attended University of California, Berkeley where he majored in finance and minored in real estate in the School of Business. He received his J.D. from University of California San Francisco Law. He clerked for the late Hon. Oliver Seth, then Chief Judge of the U.S. Court of Appeals for the Tenth Circuit.

He is active in the community. Currently, Kevin chairs the Board of Directors of Children’s Hospital Los Angeles and has served as a member of its Foundation Board of Trustees since 2011. A former member of Cal’s Rugby Team, he serves on the California Rugby Advisory Board. He is on the Executive Committee of the Los Angeles Chapter of the Friendly Sons of St. Patrick as well as several other nonprofits. Over the years, he has coached youth soccer, baseball and rugby and served on various boards relating to those sports.

Kevin’s interest in eminent domain issues has a bit of family history. In the late 1800s, the Santa Fe Railroad condemned a railroad right of way across his great-great-grandparents’ ranch outside of Las Lunas, New Mexico. His great-great grandmother received as compensation a New England Colonial style home, made of adobe. It still stands in Las Lunas.
  • University of California, Hastings College of the Law – J.D. 1979
  • University of California, Berkeley – B.S. 1976

Representation of Owners in Eminent Domain Cases

Represent various property owners of significant, even landmark, properties in Beverly Hills, Century City, Santa Monica and along Wilshire Boulevard in eminent domain matters brought to acquire property for Metro Rail stations and tunnels. Other representations include counsel to property and business owners in eminent domain cases throughout the state, and in other jurisdictions as well. Successfully tried and settled numerous such cases, with verdicts and settlements totaling over $250 million in excess of the condemning agencies’ appraisals.

Representation of Owners in Inverse Condemnation Cases

Represent property and business owners in inverse condemnation cases, some of which involve land use restrictions, including the down-zoning of private property as open space, and some of which involve direct government possession, including contamination caused by a crash landing of a Navy refueling plane on the client’s property.

Also represented the owners of the historic El Capitan Theatre in inverse condemnation case (Cuna Mutual v. Los Angeles County Metropolitan Transportation Authority (2003) 108 Cal.App. 4th 382), the owners and operators of the famous Wiltern Theatre, and other landmark properties.

Trial and Litigation Counsel to National Law Firms

Obtained defense verdicts in trials where national law firms were accused of committing legal malpractice and breach of fiduciary duties.

Real Estate Litigation

Handled a wide variety of real property cases involving significant leases, options and rights of first refusal, easements, adverse possession, partitions, claimed broker negligence, as well as rent resets in long term leases.

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