Attorney Timothy V. Kassouni's Legal Cases

Appeals

Lockaway v. County of Alameda Appeal

May 09, 2013

OUTCOME: Prevailed

County of Alameda Appealed Trial Court decision. In a unanimous decision, Appellate Court ruled in favor of Lockaway calling the county's arguments nonsense and convoluted. Further, it is an unusual vi ... ctory in California as the court has awarded damages for a regulatory taking. The victory has been described by other California attorneys in the land use field as "nearly uncharted territory (going into the realm of unicorns, the Loch Ness Monster, and other mythical creatures); we've heard stories of such events, but it is rare to find reliable documentation."

Construction and development

2N Design v. Shoe Palace

Jan 18, 2013

OUTCOME: Prevailed

Successfully represented licensed contractor in arbitration against developer of shoe stores, for nonpayment of a substantial change order.

Real estate

Tascon v. Rivero

May 31, 2012

OUTCOME: Prevailed

Represented client in a successful quiet title action, resulting in the abandonment of defendant's claim of an easement over client's property.

Land use and zoning

Shayne v. County of Riverside

Jan 01, 2010

OUTCOME: Prevailed

Client was charged with illegal grading. The County of Riverside expunged the notice of violation and dropped all charges one week before the trial. Ken Shayne comments: “I had super results with this ... firm and would recommend Kassouni Law to anyone who needs help. He was honest, very fair, and truly concerned about the injustice I was going through.”

Land use and zoning

Lockaway Storage v. County of Alameda

Jan 01, 2009

OUTCOME: Prevailed (obtained $1.725 million) in inverse condemnation liability ruling

After a six day trial which completed in March, 2009, three summary judgment motions, and a partial settlement, the Alameda County Superior Court, Judge John True presiding, ruled that the County of Al ... ameda was liable in inverse condemnation for arbitrarily denying a storage company a conditional use permit for completion of a storage facility. The County had wrongly attempted to retroactively apply a growth control initiative, Measure D, when that very initiative contained a grandfather provision which protected the storage company. Upon prevailing Kassouni Law obtained in total $1.725 million for Lockaway Storage (which includes settlement, monetary awards, and lawyer's fees).

Business

Dr. Robert I. McClurg, et al v. Orthalliance, Inc

Jan 01, 2003

OUTCOME: Prevailed

Invalidated non-competition covenant in complex litigation action in Los Angeles County Superior Court against publicly traded corporation Orthalliance Incorporated, on behalf of large group of orthodo ... ntists, which triggered a multi-million dollar nationwide settlement.

Land use and zoning

Lucas v. South Carolina Coastal Council

Jan 01, 1991

OUTCOME: Prevailed

Amicus curiae brief in the South Carolina Supreme Court, and subsequent amicus curiae brief in support of the petition for certiorari to the United States Supreme Court. Certiorari was granted, leading ... to an important 5th Amendment decision in favor of the property owner. Lucas is one of the most important US Supreme Court cases regarding fifth amendment takings and Constitutional property rights.

Appeals

Beverly Towers Inc. v. City of West Hollywood

N/A

OUTCOME: Prevailed, retained private property rights of Beverly Towers Inc.

Appeared before the California Supreme Court in oral argument and amicus curiae briefing. The ruling precluded local governments from enforcing condominium conversion regulations after discretionary ap ... provals had already been granted, preserving the private property rights of Beverly Towers Inc.

Timothy V. Kassouni's Legal Cases (8)

Lockaway v. County of Alameda Appeal

2N Design v. Shoe Palace

Tascon v. Rivero

Shayne v. County of Riverside

Lockaway Storage v. County of Alameda

Dr. Robert I. McClurg, et al v. Orthalliance, Inc

Lucas v. South Carolina Coastal Council

Beverly Towers Inc. v. City of West Hollywood