Douglas J. Dennington

Douglas Dennington specializes in trial and appellate litigation, arbitration, mediation and administrative proceedings, with an emphasis in defense of “accessibility” claims filed under the ADA and/or California Disabled Persons Act, eminent domain, inverse condemnation, regulatory takings, land-use disputes, boundary disputes, and wide variety of other real estate, business and regulatory disputes.

Doug represents a diverse clientele, including individuals, homeowners, small businesses, food chains, franchisors and franchisees, landowners, developers, cities, school districts, water districts, and any number or variety of businesses.

With respect to Doug’s administrative and regulatory law litigation practice, he represents both public agencies and businesses in defense of claims asserted by individuals under Title II and Title III Americans with Disabilities Act (29 U.S.C. §§ 12131-12189 and 12181-12165) the California Disabled Persons Act (Cal. Civ. Code §§ 54 et seq.) and the California Unruh Act (Cal. Civ. Code § 51 et seq.). A list of his representative cases and clients can be provided upon request

With respect to his eminent domain, inverse condemnation and regulatory takings practice, Doug has represented both public agencies, on the one hand, and real estate and business owners, on the other hand. He represented the successful litigant in three published California eminent domain decisions:

• 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
• City of San Diego v. Barratt American, Inc. (2005) 128 Cal.App.4th 917.

He has also achieved success in the inverse condemnation and regulatory takings context, obtaining successful trial court rulings finding inverse condemnation “takings” liability for various “physical occupations” and “temporary regulatory takings” by public entities without “payment of just compensation.”

Doug’s real estate litigation practice also includes boundary disputes involving encroachments, adverse possession, prescriptive easements, implied easements, easements by necessity, equitable easements, and other title issues. He has taken several “boundary dispute” cases through trial and appeal. He has also written articles and a practice guide concerning the many legal issues which typically arise in the context of boundary disputes. Doug has also lectured on the subject for Lorman Educational Services.