Jeffrey D. Gross

A certified specialist in real estate law, Jeff concentrates his practice in real estate related litigation, including eminent domain, zoning, inverse condemnation and real estate valuation disputes. He has extensive experience in eminent domain and land use related matters at the governmental, trial court and appellate court levels in city, state, federal and tribal jurisdictions. Although the focus of his work is in condemnation and land use law, he has also addressed diverse real property issues such as adverse possession, landlord/tenant disputes, homeowner association actions, easement violations, title insurance claims and contract breaches. Jeff has assisted many developers, homeowners and other property owners in successfully prosecuting, defending and settling claims before or after litigation has been filed. He was recently named a 2014 Southwest Super Lawyer for the fifth consecutive year.

Jeff also has substantial experience in election law, including litigation involving referenda and initiatives, campaign contributions and related matters. He has represented the Arizona Legislative Council in numerous challenges to state-wide ballot initiatives.

Certifications
Certified Real Estate Law Specialist, State Bar of Arizona, Board of Legal Specialization, 2003-Present

• Represented the Hualapai Indian Tribe in a series of cases in federal and Tribal courts to assist the Tribe in gaining control of the high-profile Grand Canyon Skywalk through condemnation and a negotiated settlement. The cases involved complex questions about Tribal sovereignty, jurisdiction and governmental powers, and all judicial decisions were in the Tribe’s favor.
• Represented two home builders in separate trials of condemnation actions by the City of Scottsdale to acquire property for the McDowell Sonoran Preserve. The first trial resulted in a $15 million jury verdict, which was $9.5 million in excess of the initial purchase offer, and at the time was the second largest condemnation verdict in Arizona history. The second trial resulted in an $81.9 million jury verdict, which was $48.1 million in excess of the purchase offer, and was the largest condemnation verdict in Arizona history.
• Represented an association of home builders before the Arizona Supreme Court in an action to invalidate a development fee imposed by a fire district. The Arizona Supreme Court accepted review, which occurs only in about 5% of cases in which review is requested, and ruled that the fee was invalid.
• Represented a property owner at trial to secure access to his property through a surrounding subdivision over the objection of the homeowners’ association. The jury unanimously decided that our client could access his property through the subdivision.
• Represented various land owners in numerous actions to invalidate referendum petitions taken out to overturn municipal decisions involving the use of their property.
• Represented various land owners in administrative and judicial proceedings across Arizona to invalidate land use exactions, to compel issuance of permits, to overturn unfavorable land use decisions and to challenge other zoning actions.
• Represented the Arizona Legislative Council in numerous challenges to state-wide initiatives.