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Partner
Robert I. McMurry is a partner in Gilchrist & Rutter. His practice focuses on land use, environmental, and water issues. Mr. McMurry has 25 years of experience in all aspects of major land development, including entitlements, water issues and drafting, advice and litigation on CEQA documents, for projects including residential, commercial, redevelopment, public institutions, and parks/open spaces. He has successfully litigated numerous cases at both the trial and appellate level. His special area of expertise includes the planning and implementation of all necessary steps involved in guiding Master Plan Communities from original design to completion, including challenges to project approvals. Mr. McMurry also has extensive experience with SB 221 and SB 610 statutes on water rights.
Mr. McMurry was an Adjunct Professor for Loyola Law School from 1984-1990 and is a member of the permanent faculty for the ALI-ABA National Land Use Institute. He is the author of over three dozen articles and presentations on entitlements, CEQA, and water law.
Mr. McMurry received his J.D. degree from University of California, Los Angeles in 1982, his M.S. from Illinois State University in 1971 and his B.S. degree from the University of Denver in 1970.
Examples of entitlement projects and litigation matters in which Mr. McMurry is or has been actively involved include: Master Planned Communities/New Town Planning/Litigation
Representative Experience:
- Lennar/Heritage Fields – A 4,600-acre master planned community located on the former El Toro Marine Corps Air Station now located in Irvine, California. Mr. McMurry’s services for this project, which includes 3,625 residential units and over 6.5 million square feet of industrial, commercial and retail space, include CEQA compliance, general land use counsel, and assisting in planning and issuance of multiple federal, state and local permits.
- The Newhall Land and Farming Company/West Creek and West Hills – An approximately 960-acre master planned community located in the Santa Clarita Valley in unincorporated Los Angeles County, including approximately 2,500 residential units and 180,000 square feet of neighborhood-serving commercial uses, together with recreational facilities, open space, community facilities and a school.
- Entitlement: Mr. McMurry’s services for this project included CEQA compliance through preparation of an Environmental Impact Report, and assistance with project processing before the County of Los Angeles resulting in project approval.
- Litigation: Mr. McMurry served as lead litigation counsel, and successfully defended the CEQA lawsuit filed by environmental groups challenging the project approvals, achieving success before both the trial court and the Second District Court of Appeal. The Court of Appeal issued a published opinion, Santa Clarita Organization for Planning the Environment v. County of Los Angeles (2007) 157 Cal.App.4th 149, upholding the sufficiency of the project’s Environmental Impact Report. This was the first published California Court of Appeal decision to uphold a Water Resources (supplies/demand) section in an Environmental Impact Report, and the first published decision following the California Supreme Court’s landmark opinion in Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Cal.4th 412.
- The Newhall Land and Farming Company/River Village – An approximately 700-acre master planned community located in the City of Santa Clarita, California, including approximately 1,000 residential units, a small commercial component, recreational facilities, open space, and community facilities.
- Entitlement: Mr. McMurry’s entitlement services included CEQA compliance through assistance in the preparation of an extensive Environmental Impact Report, and assistance with project processing before the City resulting in project approval.
- Litigation: Mr. McMurry served as lead litigation counsel, and successfully defended the CEQA lawsuit filed by multiple parties challenging the project approvals, achieving success before both the trial court and the Second District Court of Appeal. The Court of Appeal issued an unpublished opinion, Sierra Club et al. v. City of Santa Clarita, Case No. B194771, upholding the sufficiency of the Environmental Impact Report's Water Resources (supplies/demand) section under Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Cal.4th 412, and its Biological Resources section.
- The Newhall Land and Farming Company/Valencia Commerce Center – An approximately 560-acre site located in an unincorporated area of Los Angeles County, consisting of a portion of the Valencia Commerce Center. Mr. McMurry’s services include CEQA compliance and planning for approximately 3.2 million additional square feet of Retail, Office and Industrial R & D development.
- The Newhall Land and Farming Company/Auto Mall – An approximately 14-acre site located in the City of Santa Clarita. Mr. McMurry assisted the client in revising the project entitlements to permit development of a portion of an auto mall, including CEQA compliance, and served as lead litigation counsel in successfully defending the project approvals through the trial and a settlement reached during appellate court proceedings.
- Tejon Ranch Company/Tejon Industrial Complex East – An approximately 11,000-acre industrial park located in unincorporated southern Kern County, including 15 million square feet of commercial and industrial development.
- Entitlement: Mr. McMurry’s services included CEQA compliance through the preparation of an addition to the Environmental Impact Report, and assistance with project processing before the County of Kern resulting in project approval.
- Litigation: Mr. McMurry served as lead litigation counsel, and successfully defended the CEQA lawsuit filed by multiple parties challenging the project approvals, ultimately achieving success before both the trial court and the Fifth District Court of Appeal, which issued an unpublished opinion upholding the sufficiency of the project’s Environmental Impact Report (Center for Biological Diversity et al. v. County of Kern, F050685).
- Centennial Founders, LLC/Centennial – A “new town” located in the western portion of the Antelope Valley in an unincorporated area of Los Angeles County, including approximately 23,000 residential units and 15 million square feet of retail, office, commercial and industrial development, together with all necessary schools, service facilities, utilities and infrastructure on approximately 11,600 acres. Mr. McMurry’s services for this project include CEQA compliance through assistance in the preparation of an Environmental Impact Report.
- Warner Ridge Associates. Property owners’ counsel in a successful landmark regulation taking action against the City (Warner Ridge Associates v. City of Los Angeles). Represented developer and successors in negotiating and twice amending a development agreement concerning a mixed-used project in the City of Los Angeles. Other representation includes the successful defense of two lawsuits challenging the validity of the agreement and the environmental clearance for the agreement and the project.
Additional Representation
- Marina Two Holding Partnership – Successful defense of an approved residential project in the Marina del Rey area of unincorporated Los Angeles County. As lead litigation counsel, Mr. McMurry successfully defended the project through the trial court, resulting in a settlement of the challenge favorable to the client while the case was on appeal before the Second District Court of Appeal.
- Sondermann Ring Partners – Ventura Harbor - Successful challenge to the City of San Buenaventura’s General Plan before the trial court in Ventura County.
- Mountains Recreation and Conservation Authority – Representation of the client in multiple litigation matters and CEQA compliance involving the client’s property in Malibu, California.
- Gregg’s Artistic Homes – Successful challenge to the City of Glendale’s refusal to process a hillside residential project, resulting in an extremely favorable settlement for the client.
Bar Admissions:
California 1982
Illinois 1983
Nebraska 1988
Publications:
California Court Upholds San Diego On Discretion on Greenhouse Gas
Issues, August 22, 2011
California Supreme Court Upholds CALFED’s Bay-Delta Program EIS/EIR, June 12, 2008
A Road Map for Water: A Court Finally Clears a CEQA Water Supply Analysis, December 7, 2007
The California Attorney General’s Latest Settlement: ConocoPhillips Company Agrees to Offset Greenhouse Gas Emissions from Expanded Refinery, September 24, 2007
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