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Mark Edward Barber
About Mark
Biography
In addition to being admitted to practice in Washington and Oregon, I am also admitted in the U.S. District Court for the Western District of Washington (1978), the U.S. Court of Appeals for the Ninth Circuit (1980) and the United States Supreme Court (1985). I have participated at the trial and appellate level in all three federal forums.
Before the United States Supreme Court, I participated in the landmark zoning case involving adult entertainment in City of Renton, et al. v. Playtime Theatres, Inc., et al., 475 U.S. 41 (1986) that successfully established municipal zoning limitations on the location of adult entertainment uses. This case is studied in law school and appears in case books on constitutional law and the First Amendment.
Recently, I represented the City of Renton against the federal government in U.S. District Court in United States v. City of Renton, et al., (W.D. Wash., Case No. 2:11-cv-01156). This case resulted in a favorable ruling on retroactivity of the 2011 Stormwater Amendment to the Clean Water Act, permitting municipalities to recover storm water fees for federal facilities. This case has been described by the media as having national implications for local governments in their efforts to comply with the Clean Water Act.
My litigation experience includes prosecuting multi-million dollar claims on behalf of individuals in serious injury and death cases and defending major tort claims brought against governmental entities. Additionally, I have litigated real estate and contract claims, and actions based upon municipal exercise of the power of eminent domain and condemnation, including securing right of way for the City of Renton in connection with an extensive $42 million dollar roadway improvement project.
Practice Areas
2
Practice Areas
Government
50%
13 years
State, Local, and Municipal Law
50%
13 years
Fees and Rates
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Chat withLicenses
Licensed in Washington for 47 years
State: Washington
Acquired: 1978
No misconduct found
Licensed in Oregon for 20 years
State: Oregon
Acquired: 2006
No misconduct found
Location
Renton City Attorney
1055 S Grady Way., Renton, WA, 98057-3232
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Experience
Honors
2013
AV Rated, Martindale-Hubbell
2012
AV Rated, Martindale-Hubbell
2011
AV Rated, Martindale-Hubbell
2010
AV Rated, Martindale-Hubbell
2009
AV Rated, Martindale-Hubbell
2008
AV Rated, Martindale-Hubbell
2007
Super Lawyer, Washington Law & Politics Magazine
2007
AV Rated, Martindale-Hubbell
2006
Super Lawyer, Washington Law & Politics Magazine
2006
AV Rated, Martindale-Hubbell
2005
Super Lawyer, Washington Law & Politics Magazine
2005
AV Rated, Martindale-Hubbell
2004
Super Lawyer, Washington Law & Politics Magazine
2004
AV Rated, Martindale-Hubbell
2003
Super Lawyer, Washington Law & Politics Magazine
2003
AV Rated, Martindale-Hubbell
2002
AV Rated, Martindale-Hubbell
2002
Super Lawyer, Washington Law & Politics Magazine
2001
AV Rated, Martindale-Hubbell
2001
Super Lawyer, Washington Law & Politics Magazine
2000
AV Rated, Martindale-Hubbell
1999
AV Rated, Martindale-Hubbell
1998
AV Rated, Martindale-Hubbell
1997
AV Rated, Martindale-Hubbell
1996
AV Rated, Martindale-Hubbell
1995
AV Rated, Martindale-Hubbell
1994
AV Rated, Martindale-Hubbell
1990
Pro Bono Award, Seattle-King County Bar Association
Work Experience
2009 - Present
Senior Assistant City Attorney, City Of Renton Washington
1986 - 2008
Principal, Warren Barber & Fontes, PS
1981 - 1985
Associate, Warren & Kellogg, PS
Associations
2001 - Present
The College of Master Advocates & BarristersInvited member -- Senior Counsel
2000 - Present
Washington State Association of Municipal AttorneysMember
1995 - 1996
Washington State Association for Justice (formerly WSTLA)Past President
1995 - 1997
Lawyers Association TrustBoard Member
1993 - 1995
Justice Political Action CommitteeBoard Member
1992 - 1994
Washington State Bar Association, Rules and Procedure CommitteeCommittee Member
1992 - 1994
Washington State Bar AssociationMember, Disaster Response Team
1991 - 1992
Sunset Valley Farms Homeowners AssociationVice President
1986 - 1987
Washington State Bar AssociationProfessional Liability Insurance Committee
1986 - 1987
Seattle King County Bar AssociationMember, Speaker's Bureau
1985 - 2008
King County Superior CourtMAR Arbitrator
1981 - 1982
Seattle Police Department Disciplinary HearingsCitizen Observer
Sample of Legal Cases
United States of America v. City of Renton, et al., Case No. C11-1156 (2012)
The district court entered an order in favor of my client that the 2011 Stormwater Amendment to the Clean Water Act was retroactive and sovereign immunity did not apply.
Plano v. City of Renton, King County Superior Court Cause No. 98-2-07891-0 KNT (2002)
Dismissal on summary judgment of plaintiff's claim.
City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986)
The U.S. Supreme Court reversed, holding that the City's ordinance was a valid governmental response to the serious problems created by adult theaters and that it satisfied the dictates of the First Amendment.
McCluskey v. Handorff-Sherman and State of Washington, 125 Wn.2d 1 (1994)
Washington State Supreme Court affirmed the judgment.
Brunner and Johnson v. Different Strokes Expeditions, Inc., King County Superior Court Cause No. 95-2-21383-1 (1996)
The parties subsequently settled against all defendants and their insurers bringing the total recovery to $3.5 million for each estate.
Gagliardi v. Wall & Redekop Corporation, King County Superior Court Cause No. 85-2-15511-4 (1988)
My client received a structured settlement for over $2 million.
Education
1978
Pepperdine University School of Law
JD - Juris Doctor
1975
University of Washington
BA - Bachelor of Arts
Speaking Engagements
1996
WSTLA Seminar
Ethical Dilemmas for PI Attorneys
1994
WSTLA Seminar
State and Federal Court Rule Changes: An Overview of the Last Five Years
1993
WSTLA Seminar
Creative Use of Demonstrative Evidence in a Premises Liability Case
1993
WSTLA Seminar
PI Negotiations: Should Money be the Only Thing on the Table?
1993
WSBA Seminar--Effectively Taking and Using Depositions
What are you trying to accomplish?
1991
WSTLA Seminar
Are There More than 2,000 Billable Hours in a Year? Or, How to Make Efficient Use of a Paralegal in UIM and MAR Arbitrations
1991
WSTLA Seminar
Recent Developments in Governmental Immunity
1990
WSTLA Seminar
Protective Orders
1986
WSTLA Seminar
Bad Faith and the Duty to Investigate
1986
Association of Washington Cities Seminar
Regulation of Adult Entertainment Businesses
1985
WSTLA Annual Convention
Discovery Techniques in Wrongful Discharge Cases