John Hinderaker is a litigator in Lewis Roca Rothgerber Christie’s Real Estate Construction Law practice group. His practice focuses on real estate litigation, eminent domain, land use litigation, commercial disputes and construction litigation. Mr. Hinderaker strives to find affordable and practical resolutions for his clients through settlement, but has tried numerous cases to judgment when that became necessary. He has been rated as an “AV/Preeminent Attorney” in Martindale-Hubbell for over ten years and has been named to Best Lawyers in America every year since 2010. In 2017, Best Lawyers in America designated Mr. Hinderaker “Lawyer of the Year” for Land Use Litigation.
John has two decades of experience litigating before the trial and appellate courts. His experience in real estate includes litigating contract disputes, condemnation cases both for and against condemning authorities, boundary disputes, adverse possession claims, access issues and claims for and against title insurance companies. John has litigated a wide variety of land use claims, including facial and as-applied challenges to zoning ordinances, claims under the open meeting law, defending the validity of nonconforming uses (grandfathered rights) and vested rights, and defending against zoning enforcement actions. John’s experience with construction matters includes breach of contract claims, disputes involving the enforceability and priority of mechanic’s liens, construction extra work and delay claims, indemnity claims and construction defect claims.
- Represented city in a jury trial involving valuation of property acquired through eminent domain. In a victory for city, jury valued property at $5,000 over the valuation opinion given by the city's appraisal expert and $30,000 less than offer of judgment made by city before discovery began.
- Represented a materials supplier in a challenge brought by a general contractor to the validity of a materialman’s lien. Following a trial, the court entered judgment for Mr. Hinderaker’s client and awarded attorneys’ fees.
- Represented a group of investors who purchased intellectual property rights from two individuals. Following a trial, the court found that the defendants had committed fraud and entered judgment for over $1 million in favor of Mr. Hinderaker’s client.
- Successfully challenged the validity of a provision in the city building code that required property owners to complete a burdensome “historic review process” before redeveloping their property.
- Represented a manufactured home park when the City of Benson, Arizona stopped recognizing the park’s nonconforming use rights after 40 years of operation and refused to issue permits for replacement homes. The client’s property rights were reestablished after four years of litigation that included a successful appeal to the Arizona Supreme Court. Stagecoach Trails MHC, LLC v. City of Benson, 295 P.3d 943 (2013). In a companion case filed in federal court, the client asserted civil rights violations under 42 USC Section 1983 and ultimately reached a monetary settlement with the City.
- Represented a mortgage lender in a challenge brought under Arizona’s anti-deficiency statute to the validity of a home loan secured by a lien on a brokerage account. Mr. Hinderaker’s client prevailed on summary judgment. Pfeiffer v. Morgan Stanley Credit Corp., 922 F. Supp.2d 828, 2012 WL 7037292 (D.Ariz. 2012).
- Represented an intervenor-defendant in litigation brought by the City of Tucson to challenge a state law prohibiting certain practices in municipal elections. The case was ultimately decided by the Arizona Supreme Court in the city's favor. City of Tucson v. State, 229 Ariz. 172, 273 P.3d 624 (2012).
- Represented a private property owner who appealed the denial by the Santa Cruz County Board of Adjustment of a conditional use permit needed to construct a church complex. The appeal challenged the denial under RLUIPA and the Arizona Free Exercise of Religion Act. Following an evidentiary hearing, the Court overturned the denial and ordered Santa Cruz County to issue the permit. Mr. Hinderaker then filed a companion case asserting civil rights violations that led to a monetary settlement with Santa Cruz County.
- The Best Lawyers in America - Lawyer of the Year - Land Use Litigation, 2017
- The Best Lawyers in America - Commercial Litigation, Real Estate Litigation, and Land Use Zoning Litigation, 2010-2017
- Martindale-Hubbell - "AV/Preeminent Attorney" Rating, 2005-2017
- Arizona Bar Examination - Third highest score, 1997
- Eagle Scout
- University of California Santa Barbara - (USCB) NCAA semifinalist water polo team, 1990
- Golden Eagle Award - Outstanding male scholar-athlete at UCSB, 1991
- Tucson Lifestyle Magazine - Top Lawyers in Tucson, 2010-2017
- Tucson Business Edge - 40 under 40, 2007