David H. Blackwell is a partner in the firm's Walnut Creek office where he practices real estate law with an emphasis on land use entitlements and litigation. David's experience includes representing landowners, developers, businesses, and governmental entities before administrative agencies and state and federal courts. David's practice involves all areas of land use law, including state and local planning and zoning law, the California Environmental Quality Act, the Subdivision Map Act, initiatives and referenda, development agreements, affordable housing, and density bonus law, traditional and sustainable energy projects, wetlands regulation, eminent domain and inverse condemnation, and the Williamson Act. He advises purchasers, developers, investors, and lenders regarding existing entitlements on real property, identifying potential land use issues, and developing a strategy for obtaining entitlements if existing entitlements are insufficient. David also litigates these issues in state and federal courts, both at the trial court and appellate court levels. David is co-author of Ballot Box Navigator: A Practical and Tactical Guide to Land Use Initiatives and Referenda in California (Solano Press Books, 2003). Memberships ˇ State Bar of California, Litigation Section ˇ State Bar of California, Real Property Section, former Vice-Chair of the Executive Committee ˇ National Association of Home Builders ˇ National Association of Industrial & Office Properties, San Francisco (NAIOP-SF) ˇ California Building Industry Association ˇ Urban Land Institute-San Francisco (ULI San Francisco), Policy & Practice Committee Member ˇ Building Industry Association of the Bay Area (BIA Bay Area) ˇ Contra Costa County Bar Association ˇ Contra Costa Council Accolades ˇ Selected for inclusion in Northern California Super Lawyers (2005, 2010, 2011) ˇ Martindale-Hubbell A-V rating Education David received his LL.M. in European Law, with merit, from London School of Economics and Political Science in 1991. He received his J.D. from University of Utah S. J. Quinney College of Law in 1990. He received his B.A. in English, with honors, from the University of California at Santa Barbara in 1986. Representative Matters Litigation Entitlements Challenges ˇ Lake Luciana, LLC v. County of Napa (Napa Superior) Represented developer in litigation regarding denial of conditional use permit. Following briefing and argument, secured writ of mandate in first phase of action to set aside Board of Supervisors' action and successfully opposed the County's appellate writ. ˇ Fogarty v. City of Chico (Butte Superior) Represented City in lawsuit brought by property owner. Argued demurrer in trial court regarding application of appropriate statute of limitations under the Subdivision Map Act and Mitigation Fee Act, which property owner unsuccessfully appealed in published opinion (148 Cal.App.4th 537). ˇ Blair v. City of Novato (Marin Superior) Represented developer in two separate mandate proceedings filed by neighborhood group challenging city approvals of residential development project. Argued at both trial court writ proceedings, and drafted the successful appellate briefs. Initiatives and Referenda ˇ Dimmick et al. v. City of Walnut Creek (Contra Costa Superior) Represented citizens in writ petition against City regarding City's handling of competing ballot measures for controversial retail project downtown. ˇ Citizens Protecting the Rights of Property Owners, Inc. v. Jeffries (San Bernardino Superior) Represented vacation rental group in petition for writ of mandate alleging a procedural defect to qualified initiative. ˇ Lindelli v. Town of San Anselmo (Marin Superior) Represented real party in interest sanitation company in writ of mandate proceedings brought by competitor involving franchise agreement, referendum and related elections law issues. Miscellaneous ˇ County of Humboldt v. McKee (Humboldt Superior) Represented owner of 13,400-acre ranch in Humboldt County in lawsuit brought by the county alleging Subdivision Map Act and Williamson Act violations regarding sales of lots. ˇ CarrAmerica v. eBay (Santa Clara Superior) Represented landowner in litigation with adjoining owner and City of San Jose involving impairment of access rights. ˇ Mission West Properties/West Coast Venture Capital, LLC (Northern District of California, Santa Clara Superior, Alameda Superior) Represented developer regarding several development projects in the Bay Area. Initiated federal litigation against U.S. Army Corps of Engineers regarding its asserted jurisdiction over wetlands on Fremont property. Also represented owner in eminent domain and inverse condemnation litigation against City of Fremont leading to settlement and entitlements for the site. Transactional Due Diligence/Acquisitions ˇ Retailer. Represented a big box retailer in due diligence review and land use oversight for siting of several new stores in the Northern California. ˇ Lender. Represented Chicago-based mezzanine lender regarding potential purchase of industrial property in southern Napa County, California. ˇ Developer. Represented developer in due diligence review and conducted negotiations with seller for large residential project in downtown San Francisco, California. ˇ Bank. Represented bank in due diligence analysis for lender on several major development projects. ˇ Developer. Represented developer in due diligence for complicated purchase of interest in a large Lake Tahoe, California, resort. ˇ Developer. Represented developer with due diligence review and negotiations with sellers and local agencies regarding entitlements for two large Northern California residential projects. Multifamily/Affordable Housing ˇ Developer. Represented multi-family developer in negotiations with the City regarding scope of affordable housing unit project. ˇ Nonprofit. Represented nonprofit in securing entitlements for affordable housing project in Marin County, California, and resolved easement and access issues relating to adjoining landowners. ˇ Developer. Represented developer with securing approvals for large mixed-use affordable housing project in downtown Berkeley, California. ˇ Developer. Represented developer during due diligence period of large multi-family project in Concord, California. ˇ Developer. Represented multi-family developer regarding affordable housing issues in various jurisdictions. Entitlements ˇ Developer. Represented developer with securing key entitlements for development of mixed use area of Pacific Commons development. ˇ Developer. Represented Chicago-based developer with securing entitlements for 200+ unit luxury high-rise in downtown San Jose, California. ˇ Data Center Company. Represented client with securing entitlements for data centers. ˇ Capital Partner. Represented capital partner with securing conditional use authorization and parking agreement for medical office use in San Ramon, California. ˇ Owner. Represented owner in securing conditional use authorization from City and County of San Francisco, California, for re-establishment of historical brewery. ˇ Developer. Represented developer regarding proposed residential development in Palo Alto. ˇ Developer. Represented developer of highly controversial development project in securing legislative entitlements by preparing and qualifying initiative. Miscellaneous ˇ Energy Company. Represented subsidiary of multinational corporation in securing permit from CEC for operation of 200 MW electrical power plant. Representation included negotiations with Alameda County and the Department of Conservation regarding Williamson Act compatibility. ˇ Retail Company. Represented international retail client with drafting and securing City approval of successful ballot measure regarding the development of a store in East Palo Alto, California. Publications Article 9/6/2011, Density Bonus Law: Why Affordable Housing is Badly Needed in California
By David H. Blackwell in Multi-Housing News 2/22/2011, Are Solar Thermal Facilities Compatible with the Williamson Act?
By David H. Blackwell and Michael Patrick Durkee in Solar Thermal Magazine 6/1/2010, The Williamson Act: Siting Implications For California Projects
By David H. Blackwell and Michael Patrick Durkee in Solar Industry 4/20/2010, EIR for Prohibiting Plastic Bags?
By David H. Blackwell and Michael Patrick Durkee in Daily Journal 10/27/2009, The Williamson Act, on Life Support
By Michael Patrick Durkee and David H. Blackwell in Los Angeles Daily Journal 9/1/2007, The Mitigation Fee Act - Controversy, Confusion, and Resulting Caution
By Michael Patrick Durkee and David H. Blackwell in California Real Property Journal 9/1/2004, A Modern Perspective on the Williamson Act: Conservation, Confusion, and Controversy
By Michael Patrick Durkee and David H. Blackwell in California Real Property Journal 3/28/2003, Wetland's 'Protection' Threatens Property Owners
By David H. Blackwell in East Bay Business Times 1/1/2002, Timing is Everything! When to Bring Challenges to Land Use Initiatives and Referenda
By Michael Patrick Durkee and David H. Blackwell in California Real Property Journal 9/1/2000, Understanding the Different and Often Dichotomous Roles of a City and the Options Available to It When Dealing with "Growth-Related" Ballot Measures
By Michael Patrick Durkee and David H. Blackwell in California Real Property Journal Video 8/2/2011, Opening Doors for Energy Projects on Protected Agricultural Lands Press & Media 7/27/2011, 60 Allen Matkins Attorneys named among Super Lawyers 2011 and Rising Stars 2011 7/19/2010, 63 Allen Matkins Attorneys Named Among Super Lawyers 2010 and Rising Stars 2010 6/4/2007, Allen Matkins opens Walnut Creek Office Legal Alert 7/18/2011, New Subdivision Map Act Extension Bill Signed
Information in this alert directly affects all owners of property with a current tentative or vesting tentative map or other entitlements with applicable expiration dates. 2/2/2010, Prohibiting Plastic Shopping Bags May Require an EIR
This aggressive application of CEQA allows a plastic bag trade group to challenge a local plastic bag ban that was intended to protect the environment. 10/6/2009, Legal Alert: Ninth Circuit Finds That Local Rent Control Constitutes a Regulatory Taking
A Rare Pro-Landowner Takings Case that Covers Several Key Issues Critical to Landowners, Local Governments and Attorneys 10/1/2009, Legal Alert: State Law Does Not Preempt Local Regulation of Medical Marijuana Dispensaries
Information in this alert is useful to local governments, businesses and land use practitioners. 7/23/2009, Subdivision Map Act Extension Bill Signed
Information in this alert directly affects all owners of property with a current tentative or vesting tentative map or other entitlements with applicable expiration dates. 5/4/2009, Older Subdivision Maps Under Attack Again
Court of Appeal Again Determines that the Lawful Recording of an Older Subdivision Map (1909) Alone Did Not Create the Parcels Shown on the Map 3/3/2008, Ballot Box Planning: Signature-Gathering Shenanigans 6/11/2007, New Army Corps and EPA Guidance to Shape Future Development and Claims of Federal Jurisdiction under Section 404 of the Clean Water Act 4/23/2007, You may have more parcels than you think! New cases are testing the legality of parcels created by older maps 3/20/2007, Court Clarifies Applicability of Land Use Law Statutes of Limitation Events 2/16/2012, Redevelopment Briefing - Walnut Creek
Scott's Seafood Restaurant
1333 North California Boulevard
Walnut Creek, CA 94596
Speakers: David H. Blackwell, Michael Patrick Durkee and Sonia J. Ransom 2/9/2012, Redevelopment Briefing - San Francisco
Allen Matkins - Downtown SF
Three Embarcadero Center, 12th Floor
San Francisco, CA 94111
Speakers: David H. Blackwell, Michael Patrick Durkee and Sonia J. Ransom 4/15/2011, Real Estate and Land Use Litigation Tips for Transactional Attorneys
Contra Costa County Bar Association, Real Estate Section
Walnut Creek, California
Speakers: David H. Blackwell 1/27/2011, Red Bluff - Subdivision Map Act: A One Day Seminar
Red Bluff, California
Speakers: Michael Patrick Durkee and David H. Blackwell 10/28/2010, San Diego - Subdivision Map Act: A One Day Seminar
San Diego, California
Speakers: Michael Patrick Durkee and David H. Blackwell 6/24/2010, Bakersfield - Subdivision Map Act: A One Day Seminar
Bakersfield, California
Speakers: Michael Patrick Durkee and David H. Blackwell 5/27/2010, San Luis Obispo - Subdivision Map Act: A One Day Seminar
San Luis Obispo, California
Speakers: Michael Patrick Durkee and David H. Blackwell 4/29/2010, Marina - Subdivision Map Act: A One Day Seminar
Marina, California
Speakers: Michael Patrick Durkee and David H. Blackwell 3/25/2010, Lafayette - Subdivision Map Act - A One Day Seminar Lafayette, California
Speakers: Michael Patrick Durkee and David H. Blackwell 2/18/2010, Sacramento - Subdivision Map Act - A One Day Seminar
Sacramento, California
Speakers: Michael Patrick Durkee and David H. Blackwell 6/17/2009 - 6/18/2009, California Land Use Law Workshops
Tulare, California
Speakers: Michael Patrick Durkee and David H. Blackwell 6/11/2008, The California Environmental Quality Act, an Overview
Chico, California
Speakers: Michael Patrick Durkee and David H. Blackwell 10/12/2007, The California Environmental Quality Act, an Overview
Stockton, California
Speakers: Michael Patrick Durkee and David H. Blackwell 8/7/2007, Practical Guide to Zoning and Land Use Law (NBI)
San Francisco, California
Speakers: David |