Jury Awards Nearly $3M in Damages For Loss of Access Caused by Light Rail

Posted by zeitlin

In October 2016, Dale Zeitlin tried to a Maricopa County jury the issue of whether the taking of access from a property located in downtown Phoenix damaged the property.   The property was a rectangular shaped property located in downtown Phoenix across from the Phoenix Sun’s arena. The property consisted of about 35,000 square feet.   […]


Supreme Court to Consider Eminent Domain Implications of Exactions Sought for Development Permit

Posted by zeitlin

The Supreme Court has agreed to hear a case brought by a Florida landowner who, in exchange for issuance of a dredge and fill permit on land he owned in a habitat protection zone, was required to perform mitigation on government land. The government’s land was miles away from the landowner’s and the mitigation requirement […]


Required Public Purpose Likely Lacking for Condemnation of Underwater Mortgages

Posted by zeitlin

The use of eminent domain to seize underwater mortgages, a proposal being considered by San Bernardino County and two cities located in the county, would require expansion of the “public use” requirement of the U. S. Constitution. Although the “public use” requirement of the Fifth Amendment has been expanded by the Supreme Court’s interpretation of […]


Supreme Court Rules Unanimously in Favor of Fifth Amendment Rights in Wetlands Case

Posted by zeitlin

Admonishing Congress for the well recognized and continuing obtuseness of the Clean Water Act, the Supreme Court came down firmly on the side of the Fifth Amendment’s due process guarantees for ordinary citizens and unanimously rejected the federal government’s assertion that the property rights of ordinary Americans can be placed entirely at the mercy of […]


Utility Fails to Establish Public Use and Necessity Resulting in Dismissal of Condemnation Case

Posted by zeitlin

On March 15, 2012, the Yavapai County Superior Court ruled in favor of a landowner represented by Dale Zeitlin against APS in a condemnation case where APS sought to condemn a right of way easement over private property to be used “to furnish the public with electricity”. Zeitlin argued that APS had failed to establish […]


Zeitlin & Zeitlin Settles Suit Against City of Goodyear on Behalf of Wood Family

Posted by zeitlin

The Wood Family, represented by Dale Zeitlin, will receive $1.2 million in settlement of its claims for unjust enrichment against the City of Goodyear.  The lawsuit arose out of the Wood Family’s agreements to construct infrastructure improvements for a baseball park and spring training fields for the Cleveland Indians and Cincinnati Reds.  The Wood Family filed suit […]


News from Zeitlin & Zeitlin

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Maricopa County Superior Court entered an order on March 26, 2012, in a case where Dale Zeitlin represented a party from whom a bank was seeking a deficiency judgment following trustee’s sale. The court found that the fair market value of the collateral was greater than the sale price at the trustee’s sale and held […]


Appeals Court Decision Changes Arizona Law

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On March 6, 2007, the Arizona Court of Appeals issued a lengthy opinion in favor of Zeitlin & Zeitlin’s client, which changed Arizona statutory and constitutional law. The Court of Appeals held that the date value is determined in a condemnation case is the date a condemning authority takes possession of property where there is […]


Verdict Reached in Toll Brothers Seizure

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January 26, 2008 On January 25, 2008, a jury in Scottsdale returned a verdict of $81.9 million in City of Scottsdale v. Toll Brothers, after a two and a half week trial. Dale Zeitlin successfully obtained a verdict that was $48 million more than the City’s appraisal.


383 Acres Being Condemned by City of Scottsdale

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January 8, 2008 Trial in Largest Condemnation Case in Arizona History Began on January 8, 2008 Dale Zeitlin Representing Toll Brothers: 383 Acres Being Condemned by City of Scottsdale On January 8, 2008, the trial in City of Scottsdale v. Toll Brothers began. Dale represents Toll Brothers, from whom the City of Scottsdale has taken […]