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Marie A. Cooper is counsel in McCutchen's Walnut Creek Office. She
focuses her practice on land use litigation and transactional work,
and engages in commercial litigation as well. She practices at both
the trial and appellate court levels. compliance.
Marie
addresses issues arising under the Planning and Zoning laws, the
California Environmental Quality Act, and water rights law. She
has substantial experience in challenging and defending land use
entitlements, general plan and zoning enactments, development fees
and dedications, proceedings under the Cortese-Knox Act, and initiatives
and referenda. Her land use litigation practice focuses on writ
of mandate proceedings, validation actions, and inverse condemnation.
She is adept at navigating the peculiar procedures applicable to
land use cases.
Marie
has brought her knowledge of the litigation processes and outcomes
to bear in shepherding developments projects through the approval
process, and in advising public agencies regarding development proposals
and issues. She helps draft project findings in compliance with
CEQA, the Planning and Zoning laws, and local ordinances. She analyzes
the probable impact of initiatives, and provides advice regarding
the myriad of procedural details involved in processing petitions
and ballot measures. She advises developers and public agencies
regarding the arcane procedures required for annexation and LAFCO
approvals. She consults in the drafting of development agreements
and in other methods of obtaining vested rights. She also advises
developers about the impact of water law on development rights and
the CEQA analysis.
Marie's
commercial litigation practice also focuses on cases related to
various aspects of land use development. Past cases include disputes
over the meaning of construction contracts, disputes between property
owners and lenders over the terms of loans, financial disputes among
owners of development partnerships, and civil rights claims brought
by developers against public agencies.
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