Mr. Dennington is a partner in the Public Law Section at Rutan & Tucker. Since he joined the firm in 1995, Mr. Dennington has specialized in civil litigation, with an emphasis in eminent domain, inverse condemnation and real estate litigation including boundary disputes and title problems. His cases frequently involve technical issues concerning land use, real estate development, water runoff, surveying and other engineering issues.

Mr. Dennington's litigation practice includes both trials and appeals. He represented the successful litigant in three published California appellate decisions, including City of San Diego v. Rancho Penasquitos Partnership, et al. (2003) 105 Cal.App.4th 1013, City of San Diego v. D.R. Horton San Diego Holding Company, Inc. (2005) 126 Cal.App.4th 668, and City of San Diego v. Barratt American, Inc. (2005) 128 Cal.App.4th 917.

Mr. Dennington has represented both condemning agencies and property owners in a number of eminent domain proceedings instituted to acquire property for public projects. Some of the more notable cases and projects include the San Lorenzo Water District's condemnation of a private water company in Santa Cruz County, numerous condemnation actions filed on behalf of the Long Beach Redevelopment Agency to assemble sites for future redevelopment, representation of property and business owners in connection with MWD's Perris Valley Pipeline Project (involving the construction of a nine foot diameter pipeline to meet regional water demands), Interstate 5 widening project in Orange County, new freeway construction for the middle segment of State Route 56 in San Diego County, the Anaheim Convention Center expansion, new freeway construction for the 210 freeway extension in San Bernardino County, and the Edinger Avenue widening project in the City of Santa Ana.

Mr. Dennington is a frequent lecturer on boundary law issues in California and has written articles and practice guides concerning the subject. Mr. Dennington graduated from California State Polytechnic University, Pomona, cum laude, with a BS in Civil Engineering in 1990. He received his JD from the Pepperdine Law School, magna cum laude, in 1994.

SAMPLE OF EMINENT DOMAIN CASES

• Long Beach Redevelopment Agency Condemnation Actions. We represented the Long Beach RDA in multiple eminent domain proceedings filed to acquire property for assemblage and implementation of various redevelopment projects in North Long Beach. The properties acquired included both residential and commercial real estate, requiring adjudication of real estate valuation and loss of business goodwill claims. We also successfully defended two right-to-take challenges asserted by the property and business owners who objected to the RDA's taking on public use, necessity and CEQA grounds.
• San Lorenzo Valley Water District Condemnation of Private Water Distribution System. We represented a water district in its effort to acquire California American Water Company's water distribution system serving the residents of the community of Felton in Santa Cruz County. The issues in the case included the water company's right-to-take challenges, valuation of the real estate being acquired, and valuation of the water distribution operation which was regulated by the California Public Utilities Commission. The difference in valuation opinions was over $17 million dollars. Shortly prior to trial, the parties reached a settlement in mediation where by the water company agreed to convey the water system to the district at an amount reflecting approximately 50% of the water company's appraised value.
• I-5 Widening Condemnation Actions. We represented numerous property owners whose properties were condemned by Caltrans for the I-5 widening project running from State Route 22 through the 605 freeway in the County of Orange. Many of the cases involved multi-million dollar valuation spreads, claims for precondemnation damages, business goodwill, and ancillary compensation associated with the loss of income from billboards located on the condemned properties. One case included a successful finding of unreasonable precondemnation conduct, resulting in a settlement of over $1 million for precondemnation damages alone.
• SR-56 Condemnation Actions. We represented numerous property owners in 8 different condemnation actions whose properties were condemned by the City of San Diego to clear the right-of-way for the City's and Caltrans' construction of a new freeway running from I-5 to I-15 along the northern edge of the City of San Diego. Four of the lawsuits were tried to jury verdicts and the City of San Diego appealed three of the cases. Division 1 of the Fourth District Court of Appeal affirmed in the published decisions noted above each of the judgments and/or rulings appealed by the City. Each of the cases dealt with complex valuation methods concerning highest and best use, the reasonable probability of a zone change, severance damages and project benefits.
• City of Santa Ana Street Widening Project. We represented the owner of a gas station property whose property was condemned by the City of Santa Ana for street widening and onramp improvements at the Edinger Avenue/State Route 55 westbound onramp. The City originally offered slightly more than $600,000 for the client's real estate interest. On the first day of trial, the City agreed to settle the action with the client for over $1.4 million (slightly less than the valuation opinion of the client's appraiser).
• City of San Clemente Avenida Pico/I-5 Interchange Condemnation. We represented the City of San Clemente in its effort to condemn a portion of several properties needed to widen Avenida Pico in close proximity to the I-5 freeway. The City was successful in settling with each of the property owners for amounts at or close to the valuation opinions offered by the City's appraiser.
• City of San Clemente Avenida Vista Hermosa/I-5 Interchange Condemnations. We represented the City of San Clemente in its effort to condemn a portion of numerous several properties needed to construct new interchange at Avenida Vista Hermosa. The City settled with each of the property owners without the necessity of a trial. One of the cases involved a large apartment complex where views of the tenants were impaired by the new interchange improvements, requiring resolution of large severance damage claims advanced by the property owner.
• City of Anaheim Convention Center Condemnation. We represented the City of Anaheim in connection with its effort to condemn a portion of hotel property needed to renovate the Anaheim Convention Center. The owner of the hotel property advanced valuation claims in excess of $20 million. Shortly prior to trial, the City was successful in settling the action for approximately $1 million, slightly more than the valuation opinion offered by the City's appraiser.

PUBLICATIONS/SEMINARS

• Pepperdine Law Review, Supreme Court Survey, 1993-1994
• Professor, Legal Aspects of Architecture, Engineering and the Construction Process, California State Polytechnic University, Pomona, 1999 Spring Quarter
• Lead participant in Boundary Law Seminars sponsored by Lormon Education Services in 2003 (Costa Mesa, CA), 2004 (San Diego, CA) and 2005 (La Jolla, CA)
• Lead attorney, mock eminent domain trials sponsored by International Right-of-Way Association in Brea, CA (1998 and 2001)

PRACTICE GROUPS

• Condemnation/Property Valuation
• Municipal/Government Agency Law

EDUCATION

• Pepperdine University School of Law (J.D., magna cum laude, 1994)
• California Polytechnic State University (B.S. Civil Engineering 1990 cum laude)

MEMBERSHIPS/ADMISSIONS

• State Bar of California
• U.S. Court of Appeals, Ninth Judicial District
• U.S. District Court, Central District of California
• Orange County Bar Association

COMMUNITY/AFFILIATIONS

• International Right-of-Way Association
• Associate Member, American Society of Civil Engineers