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Land Use Expert Witnesses

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Randy D. Horsak, PE
Environmental Forensics Expert
PO Box 941735
Houston TX 77094
phone: 281-752-6700
Randy D. Horsak, PE is a scientist and registered Professional Engineer with more than 40 years of experience in all phases of Environmental Science and Engineering. President of 3TM Consulting, LLC, Mr. Horsak provides consulting in the areas of environmental engineering, geology and hydrogeology, ecology, land use, human and ecological risk assessment, and remediation and decontamination.

Mr. Horsak supports attorneys for both Plaintiff and Defense. His clients include industrial and commercial companies, attorneys, land owners and realtors, toxicologists and medical doctors, and other consultants.

Environmental Projects Including:
  • Air Pollution
  • Ambient Air Quality Testing
  • Noise
  • Soil and Sediment
  • Groundwater and Surface Water
  • Water Treatment and Purification
  • Contaminated Dust
  • Ecosystems
  • Sites and Facilities
    • Abandoned Sites
    • Hazardous Waste Management Facilities
    • Refineries and Chemical Plants
    • Fossil and Nuclear Power Plants
    • Geothermal Energy Plants
  • Manufacturing and Commercial Facilities
  • Pipelines
  • Power Transmission Lines
  • Oil and Gas Exploration and Production
  • Public and Private Properties
  • View Consulting Profile.
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    Charles A. Budnick, PLS
    P.O. Box 14
    Clinton MA 01510
    phone: 800-675-1591
    fax: 978-365-7419
    Charles A. Budnick, PLS has over 43 years of experience as a licensed Land Surveyor. Mr. Budnick has over 30 years of experience as an Expert Witness and Consultant to forensic consultants and the legal profession. His services have been requested by both the public and private sector.

    Area of Expertise:
  • Accident Site Mapping / Issues (Trip & Fall, etc.)
  • Land Mapping
  • Land Surveying
  • Site Assessment
  • Site Planning
  • Boundary Disputes
  • Adverse Possession
  • Right of Way and Easement Disputes
  • Right of Way Taking Issues
  • Construction Lay-Out Claims
  • Earthwork Volume Issues
  • Drainage Issues
  • Wetland Encroachment & Flood
  • Plain Filling Issues
  • Land Development Issues
  • Septic Systems
  • Soils
  • Wetlands
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    James Rappoport, AIA, NCARB
    Vice President, Principal
    2121 Market Street
    Philadelphia PA 19103
    phone: 215-636-9900 ext.325
    James Rappoport, AIA, NCARB is Principal and Architect of Record at Daroff Design Inc. + DDI Architects PC, a full service Planning, Architectural & Interior Design practice founded in 1973 and specializing in ground-up, renovation and historic adaptive reuse projects for office facilities, hotels, resorts, restaurants, meeting, conference and training facilities, aviation terminals and entertainment projects throughout the USA and Internationally.

    Mr. Rappoport has successfully provided technical consultation, expert witness opinions, affidavits, certificates of merit, depositions, mediation presentations, testimony and trial support in more than 190 legal cases, engaged by both defendants' and plaintiffs' legal teams.

    Areas of Expertise:
    • Architecture
    • Architectural Codes / Design & Standards
    • Architectural Design
    • Architectural Practice
    • ADA - Accessibility Compliance
    • ADA - Accessibility Design
    • Building Codes & Ordinances
    • Construction & Architecture
    • Construction Claims
    • Construction Disputes
    • Facility Programming
    • Furniture, Fixtures, & Equipment Specifications
    • Furniture, Fixtures, & Equipment Failures
  • Hotel & Resort Design & Planning
  • Interior Design & Planning
  • Office Building Design & Planning
  • Owner – Architect Agreements
  • Owner – Contractor Agreements
  • Professional Liability (Architecture & Design)
  • Project Planning
  • Slip – Fall Accident (Causes)
  • Site Assessment & Development
  • Site Planning & Design
  • Standard of Care (Architecture & Design)
  • Urban Design
  • Urban Development & Planning
  • View James Rappoport's Consulting Profile.
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    Edwards and Cherney, LLP
    Craig Cherney
    14300 N. Northsight Blvd.
    Scottsdale AZ 85260
    phone: 480-240-0040
    fax: 480-656-9566
    Craig Cherney, Esq. is a Private Equity and Pooled Investment Fund Manager familiar with Standards of Care and Fiduciary Duties between investors and the real estate sponsor or developer handling the syndicated funds. He understands real estate business plans, budgets, reporting, disclosure duties, operating fees, management fees, brokerage commissions, finder's fees and reasonableness of third party vendor payments to real estate professionals. Mr. Cherney's other expertise includes land acquisition, pre-acquisition due diligence, valuation, procuring entitlements, zoning, land development, master plan communities and disposition and sale of paper lots and finished lots to public home builders.

    Craig Cherney has deep experience in acquisition and disposition of hundreds of millions of investment capital in residential land, master plan communities, commercial real estate development projects and entitlement and zone change opportunities throughout the United States. A Joint Venture expert between institutional capital, private investors and local real estate operators, he is able to conduct multiple financial models and sensitivity analysis showing present value and projected IRR rates of return and equity multiples that a real estate project should have delivered in the open market.

    Mr. Cherney is a licensed attorney in 3 states (AZ, CA, NV), a licensed real estate broker (CA), and a Member of the Urban Land Institute Council: Residential Neighborhood Development Council.

    Areas of Expertise:
    • Real Estate Valuation
    • Commercial Real Estate
    • Land
    • Due Diligence
    • Fiduciary Duty
    • Standards of Care
    • Real Estate Finance
    • Real Estate Management
  • Real Estate Syndication
  • Real Estate Acquisition
  • Real Estate Entitlements
  • Land Development
  • Land Use
  • Land Valuation
  • Management Fees
  • Commissions
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    Design, Analysis, Expert, Trial, Forensic Witness
    Counties of Westchester, Rockland, Queens, Putnam
    Dutchess, Orange, Ulster, Nassau, Suffolk, Bronx, Statin Island
    Richmond & Brooklyn / Kings County Long Island / NY City / Manhattan / White Plains
    Shrub Oak NY 10588
    phone: 914-245-6320
    fax: 914-245-6335
    Vincent A. Ettari, P.E., P.C. specializes in many fields of Civil, Structural, Site, Coastal, Safety & Environmental Engineering, including the Design & Analysis of:

  • Structures, Buildings, Houses, Dwellings
  • Foundations, Footings, Elevators, Retaining Walls, Dams
  • Development Plan & Plats for Sites, Properties, and Residences
  • Underground & Subsurface Chamber / Chambers
  • Scaffold, Scaffolds, Scaffolding
  • Site Plans & Subdivisions: Industrial, Commercial, Residential
  • Roads, Roadways, Ramps, Walks, & Man Hole Cover / Covers
  • Sidewalks, Walkways, Paths & Pathways
  • Lighting: Lamps, Lights, Lamp Poles, Light Levels
  • Luminaries & Illumination (Specifications)
  • Rock Cuts & Blasting (Topography, Specification)
  • Soil Slopes / Samples / Mechanics / Geotechnical Engineers
  • Sanitary Facilities, Septic Systems (Board of Health Septics Approval)
  • BOHA / DEP Approvals
  • Water, Drains, Drainage, Sewer & Sewage Lines & Mains
  • Culvert / Culverts, Manholes (Man Holes) & Catchbasins / Catch Basins
  • Inspection, Supervision, and Certification of Construction
  • House Inspector & Inspections
  • Road, Roadway, Walk & Sidewalk Premises Liability (e.g., Steep Slope)
  • Walkway, Path, Ramp & Pathway Premise Liability (e.g., Steep Grade)
  • Coefficient of Friction / Slip & Fall (Snowy & Icy Conditions)
  • Vertical Discontinuity / Discontinuities / Trip & Falls
  • Small Ports / Port, Marinas / Marina, Marine Dredging
  • Levees, Jetties, Dolphins, Piers, Sea & Flood Walls
  • Wharves, Breakwaters, Bulkheads, Weirs, & Revetments
  • Groins, Dikes and Waterfront Structures
  • Drainage Basin Analysis, Rainfall, Floods & Flood Plain / Plains
  • Flooding Controls & Control Devices
  • Storm Water Runoff (10, 25, 50 & 100 Year Storms)
  • Pressure & Pressures: Wind, Wave / Waves, Ice, Snow
  • Rain Fall Run Off & Storm Water Pollution Treatment
  • Excavation, Grading, Fills & Filling Operations (Swales, Berms, Silt Fence)
  • Erosion Control, Sediment Barriers, Sedimentation / Catch Basins (Hay Bales)
  • Pumps and Pump System Line & Main
  • Slope, Dam, Levee, Jetty, Dolphin, Pier, Wharf & Breakwater Collapse
  • Bulkhead, Weir, Revetment, Groin, Dike, Footing & Foundation Failures
  • Failure of Fire Containment Wall, Elevator or Water Front Structure
  • Tenement House Façade Collapses
  • Code History of Existing Multiple / Multi-Family Dwelling / Building
  • Application of Municipal Building, Fire & Property Maintenance Codes
  • City, Town & Village Zoning, Planning, Steep Slopes & Grades, Wetland & Wetlands Ordinances
  • Testimony at Board Meetings as a Design Forensics Engineer
  • 3/23/2009 · Engineering
    In many places of NYS, public water supply systems are available. If your site is situated in such a location, then the lots which will result from your contemplated subdivision will be required to draw their water supply from the municipal water system

    3/5/2009 · Construction
    As you enter into a contract to buy a piece of commercial or industrial property, you should always keep in mind that your new town and county have rules which you must abide by. With regard to the exterior areas of your premises, there are rules concerning your septic system, the maintenance of your building, the addition onto your structure, etc

    12/28/2006 · Construction
    In developing a vacant piece of land, steep slopes are often an issue. And, the more prevalent the steep slopes are on a site, the greater the likelihood that retaining walls will be part of the Approved Site Plan. Let us consider three municipalities which regulate the final allowable slopes for land which is filled, cut, or graded

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    Horizon Consulting Service
    Dennis Wilson
    909 14th Street
    Modesto CA 95354
    phone: 209-491-7620
    Dennis E. Wilson has over forty years of experience in Land Planning, Civil Engineering, and Land Surveying. His company, Horizon Consulting Service, specializes in Entitlements, In-Fill Projects, Civil Engineering, and Land Planning and Design for commercial, industrial and residential properties. Mr. Wilson works on both private and governmental projects.

    As an Expert Witness, Mr. Wilson has participated in property line disputes, condemnation resolutions and land use issues.

    Professional Memberships:
  • American Planning Association
  • Past Chair of Land Use Committee, National Association of Home Builders
  • Past Chair Land Use & Government Affairs, California Building Industry Association
  • Past Chair of BIACC PAC
  • Past Chair/Current Member on Land Use & Transportation Committee, Modesto Chamber of Commerce
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    J. Anthony Cavell (Tony)
    Professional Land Surveyor
    11646 Rue Concord
    Baton Rouge LA 70810
    phone: 225-802-5677
    J. Anthony Cavell, PLS, CFedS (Tony) is a nationally recognized Licensed Professional Land Surveyor with over 22 years of experience. Mr. Cavell is one of the original Certified Federal Surveyors and Vice President and a Fellow of the National Society of Professional Surveyors and a fellow of the American Congress on Surveying and Mapping. He specializes in work related to GPS / GNSS, Geodesy, Property / Boundary, and Historical Surveying.

    Mr. Cavell is available for expert witness service in Land Surveying and Land Use matters. He has provided litigation support services and consultation to Attorneys, Engineers, Government Agencies, fellow Surveyors, and others. He can assist with necessary research and analysis of Title, Historical, Boundary and Technical aspects of a problem. Because of his extensive expertise, he is uniquely qualified to provide discrete consultation services to Attorneys or other Land Surveyors. This consultation can include advice in the areas of standard of care, ethical conduct other matters related to land surveying and positioning.

    View Tony Cavell's Consulting Profile.
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    Dirk Poeschel
    Real Estate Development Consultant
    923 Van Ness Ave., No. 200
    Fresno CA 93720
    phone: 559-445-0374
    fax: 559 445-0551
    Dirk Poeschel is a Land Use / Land Development Consultant with over 25 years of experience. Mr. Poeschel offers Litigation Support services to both the private and public sector. He has provided expert witness services on numerous land use matters in Fresno, Kern, Santa Clara, Stanislaus and Tulare County Superior Courts, and U.S. Bankruptcy Court Eastern District of California, Fresno Division.

    Mr. Poeschel is familiar with public safety, bio-botanical constraints, and other environmental issues of riverine areas including FEMA flood zones, access during flood events, mean high water mark ownership, federal and local flood channel maps, and related development constraints. He has worked with the State Lands Commission on various matters within the San Joaquin and Kings River.

    Specialty Areas:
    • Development Contract Disputes
    • Real Estate Valuation
    • Impact Assessments Due to Takings
    • Land Use Trends
  • Design or Construction Conflicts Resolution
  • Land Acquisition
  • Land Sales
  • Real Property Development
  • Selected Cases Include:
    • Expert witness evaluation of impacts to adjacent properties for the Fresno County Satellite Jail and for Fresno County’s Friant Road, Academy Avenue expressway right-of-way acquisition and various county road right-of-way acquisitions.
    • Expert witness analysis for Fresno County regarding impacts to the community of an adult book store so the county could force its closure.
    • Condemnation projects within the confines of and adjacent to the San Joaquin, Kings and Kern Rivers.
    • Expert witness testimony on projects in flood prone areas, projects proximate to water reservoirs and within riverine areas for private parties and the Fresno Metropolitan Flood Control District (FMFCD).
    View Dirk Poeschel's Consulting Profile.
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    Jeffrey J. Beal, CSA-G
    5 Latonia Rd.
    Rye Brook NY 10573
    phone: 877-990-4200
    fax: 877-350-6904
    Jeffrey Beal Real Estate Valuation Expert PhotoJeffrey J. Beal, CSA-G, is a Certified General Appraiser and Real Estate Consultant. He is a recognized expert witness in the New York State Court of Claims, in various New York State supreme courts and in federal court. Mr. Beal’s primary geographical area for valuation purposes includes New York City; Nassau, Suffolk and Westchester Counties; and the Hudson Valley. He has also performed appraisals and consulted on valuation and methodology issues in Connecticut, New Jersey, Pennsylvania, upstate New York and other parts of the country.

    Mr. Beal provides litigation support and expert-witness testimony for complex valuation disputes. He provides appraisal services for commercial and high-value residential properties, where ambiguities abound and a credible and defensible opinion of value requires extensive research and analysis.

    Mr. Beal is qualified under the Uniform Standards of Federal Land Acquisitions (“Yellow Book”). He has served on appraisal panels and the boards of professional societies, and he has taught at the college level. He has also served as a regional advisor for the New York State Department of State in cases in which complaints are filed against appraisers. The department has called on Mr. Beal to review a complaint, offer an opinion on the allegations and testify in defense of his position before the department decides on disciplinary action against the appraiser.

    Types of Cases:
    • Title Insurance Claims
    • Tax Certiorari for Commercial Properties
    • Condemnation / Eminent Domain
    • Diminution of Value
    • Professional Malpractice (adverse impact on value)
    • Actions Against Management
    • Estate and Gift Planning and Valuation
    • Valuation or Consequential Damages in Disputes
    • Partnership Conflicts
    • Matrimonial / Equitable Distribution
    • Bankruptcy Proceedings
    View Jeffrey Beal's Consulting Profile.
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    Property Development Consultant
    3861 N.31st Terrace
    Hollywood FL 33021
    phone: 954-987-1077
    Howard N. Shapiro has over 40 years of experience in his field of Property Development. As a Director and Senior Vice President of Pacific International Equities, Inc., which, during his 26 year tenure, was Miami Beach’s largest, luxury, condominium, high-rise developer, he oversaw the acquisition, planning, design, development, and marketing of over 4,500 units with a market value exceeding $750,000,000.

    In 1997, Mr. Shapiro left Pacific to start his own firm, Howard Shapiro & Company, where he provides Consultancy and Expert Witness Services to the development industry. He currently lends his experience to the legal industry as an expert witness in cases involving real estate development. Mr. Shapiro is also qualified as a Florida Supreme Court Arbitrator. He is available for cases involving:
    • Property Development
    • Property Transactions
    • Condominium Development
    Given his experience, Mr. Shapiro has recently been asked by the University of Miami School of Law to assist its LLM Program in Real Property Development, which led to his being appointed to its Adjunct Faculty as its Developer in Residence. Working with law students and faculty, he lectures and assists students and professors in the classroom setting, where he present the client’s point of view and the reality of the real estate development industry, which complements the theoretical legal aspects learned by students through their law classes.

    Because of his broad development experience, particularly in the field of South Florida condominiums, he was invited by Florida’s pre-eminent condominium and association legal expert, Gary Poliakoff, Esquire, to edit his book, “New Neighborhoods: a Consumer's Guide to Condominium, Co-op, and HOA Living.”

    Approved by the Florida Supreme Court as a Certified Circuit Court Mediator and Qualified Arbitrator.

    View Howard Shapiro's Consulting Profile.
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    M. Gordon Brown
    PO Box 565
    Wauconda IL 60084
    phone: 312-715-7722
    M. Gordon Brown, DTech, FRICS, has been providing scientifically sound and cost-effective information and advice to define and solve real property problems since 1989. As an Expert Witness, Dr. Brown provides Daubert compliant evidence about designed and built spatial-visual patterns and their functional-economic effects and defects, pertaining to owner-builder-designer issues, underperforming real estate, access takings, premises liability, architectural copyright, and public spaces. His work is characterized by straightforward writing, clear mathematics, simple graphics, and easy-to-understand presentations.

    His background in Real Estate Consulting and Urban and Architectural Design and Planning includes university research, leadership and teaching. Dr. Brown is one of the first in his field to develop and use network methods to analyze buildings and places. Dr. Brown has worked and lectured internationally, won national awards for his writing in architecture and real estate and his articles and columns have been published in peer-reviewed, professional and news media.

    Areas of Expertise:
    • Problem Property and Design Disputes - worked on large scale problems affecting Main Street properties, regional malls, downtown development, creative re-use and very large luxury houses

    • Architectural Copyright - worked on several high profile cases and provided evidence in the largest award for damages in the United States

    • Premises Liability - worked on multiple cases involving wrongful death, and problems involving spatial patterns and cues affecting pedestrian and vehicle movement

    • Access Takings - provided evidence in the first Colorado access case in over three decades allowing a property owner's claim of substantial impairment to be accepted by the court

    • First Amendment, Public Forum Issues - worked on a leading case involving a Major League baseball park public space
    View Consulting Profile.
    8/7/2013 · Real Estate
    Abstract. Real estate analysts have not had the tools to identify the functional problems of real estate because they have not focused on configuration. Space syntax is a way to represent, describe and evaluate spatial configurations or patterns created through building and urban design. Space syntax was used to systematically describe the configuration of a failed luxury shopping mall.

    7/19/2013 · Real Estate
    The notion of creative destruction put forward so persuasively by Schumpeter (1950) has been both widely acknowledged and used in the analysis of change in many economic sectors. But in real estate it has received scant attention.

    7/1/2013 · Real Estate
    Without access to and from a public thoroughfare, most parcels of private real property lose most of their functional utility and their economic value.

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    David J. Brotman, FAIA
    29500 Heathercliff Road
    Malibu CA 90265-6161
    phone: 310-457-6048
    David J. Brotman, FAIA, is an accomplished Senior Executive with proven career and solid experience in all aspects of Architectural and Engineering Firm Management, including project management, profit and loss, business development, mergers and acquisitions, sales and marketing, and strategic planning. He is a Fellow of the American Institute of Architects, with over forty-five years of practical experience.

    Principal at Sunset Consultants, Mr. Brotman provides strategic planning and management consulting services for various entities, including those that need help with planning or architectural projects. He also serves as Chairman of the City of Malibu Planning Commission where he advises on land use matters including the local coastal program, specific plans, zoning, conditional use permits, and subdivisions.

    Mr. Brotman spent 25 years with RTKL Associates Inc., one of the World’s largest Architect and Engineering Firms where he eventually served as its Vice Chairman.

    Litigation Support - David Brotman provides expert witness services to attorneys representing Plaintiff and Defense. His skills include all facets of Architectural practice. His worldwide, multi-million dollar project experience includes retail, office, hotel, institutional, and mixed-use. Mr. Brotman's services include affirmative and rebuttal report preparation, mediation, and trial testimony.

    Areas of Expertise:
    • Professional Standard of Care
    • Construction Documents Analysis
    • Architectural Design and Coordination
    • Building Code Analysis
    • Scope of Work Definition
    • Errors and Omissions Analysis
  • Construction Defects & Negligence
  • Change Order Analysis
  • Communication Analysis
  • Construction Administration
  • Slip, Trip & Fall
  • Architectural Detailing
  • View David Brotman's Consulting Profile.
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    Michael P. Russell
    8209 Tuscany Avenue
    Playa Del Rey CA 90293
    phone: 310-745-1560
    fax: 310-305-8570
    Michael P. Russell and Mark McCaslin has over 75 years of Real Estate experience as an expert witness regarding the buying, selling, financing, leasing and developing of all property types. In 2011, serving as their real estate expert witness, my clients and legal teams were successful in winning judgments of $50.3M (validated four joint ventures), $22M (valuation of real estate portfolio) and $3M (Substantiated terms of payment due by a public agency to a private developer).

    • Managed $2B in Transactions
    • Sold over $500M in Property
    • Entitled over 5,000 residential units; 7 million sq. ft. of office space
    • Developed over 2 million sq. ft. of office
    Areas of Expertise:
    • Receiverships
    • Valuation
    • Partnership Disputes
    • Lender/Borrower
    • Landlord/Tenant
    • Broker Standard of Care
    • Entitlements
    • Title and Easements
    • Public/Private Agreements
    • Homeowner Associations
    • Real Estate Contracts and Instruments
    • Divorce--Real Estate Forensics, Valuation and Distribution
    View Consulting Profile.
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    James D. Wamble, PE, RLS
    PE, RLS
    40 Middleton Street
    Nashville TN 37210
    phone: 615-251-9555
    fax: 615-251-9034
    James D. Wamble, PE, RLS has over 30 years of experience as a Professional Civil Engineer and Registered Land Surveyor. During the course of his career, Mr. Wamble has worked on land planning, land surveying, or civil engineering projects in all counties of the middle and west Tennessee regions, and several counties in east Tennessee.

    Mr. Wamble has offered litigation support services as an expert witness in cases since 1976. In the last four years, he has testified 20 times in 13 lawsuits. These litigation cases include land planning, land surveying, and civil engineering issues. Mr. Wamble has experience with depositions, trials, hearings, and arbitrations.

    Expert Witness Services Include:
    • Research
    • Site Inspections
    • Engineering Analysis
    • Land Surveys
  • Survey and Civil Engineering Drawings
  • Investigation
  • Report Writing
  • Exhibit Preparation
  • Areas of Expertise:

    • Civil Engineering: Design of grading, drainage, utilities, roads, lakes, dams, detention basins, parking lots, shopping centers, subdivisions, apartments, condominiums, planned unit developments, specific plans, industrial parks, mobile home parks, mini warehouses, hotels and office building site plans; flood, drainage, and utility studies; low impact design; financial developability and constructability analysis of proposed developments; preparation of cost estimates; assisting clients in setting project budgets; designing projects to contain cost within determined project budget; construction project management, inspection, administration, and processing of contractors’ pay requests
    • Land Surveying: Topographic, Route, Land, Boundary, Utilities, Aerial ground control, Engineering design, and Construction Surveys
    • Land Planning: Land use/development feasibility analysis, planning and concept design of residential, commercial, industrial and municipal projects; zone change applications; planned unit development and specific plan applications; site selection consultation; and graphic presentations
    View James Wamble's Consulting Profile.