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Land Use Expert Witnesses

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Carl E. Peters, PE, PLS, PP, CO
4525 Route 27
Princeton NJ 08540
USA
phone: 609-751-4104
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Carl E. Peters, PE, PLS, PP, CO, has a broad range of expertise in the areas of Land Use, Municipal Engineering, and Code Enforcement in the State of New Jersey. His rare combination of professional credentials enables him to analyze the development process from concept design through issuance of a Certificate of Occupancy. He is one of fewer than ten people in New Jersey who holds licenses as a:
  • Professional Engineer
  • Professional Land Surveyor
  • Professional Planner
  • Construction Official
  • Building Official
  • Plumbing Official
  • Litigation Support - Mr. Peters' expertise is beneficial in the resolution of disputes between project owners, design professionals, contractors, and insurance carriers. He has testified before the Planning Board, Zoning Board, Historic Preservation Review Committee, and Site Plan Review Advisory Board, and NJ Civil Courts. He is also a mediator on the roster of the NJ Civil Courts.

    Mr. Peters provides litigation support for counsel representing both Plaintiff and Defense. His cases have involved:
    • Engineering Matters
    • Property Line Disagreements
    • Drainage Problems
    • Streets and Sidewalks
    • Sewers
    • Construction Disputes
    • Land Use
  • Land Surveying
  • Construction Codes
  • Construction Permits
  • ADA Compliance
  • Local Government Matters
  • Engineering Malpractice
  • View Carl Peters' Consulting Profile.
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    James Rappoport, AIA, NCARB
    Vice President, Principal
    2121 Market Street
    Philadelphia PA 19103
    USA
    phone: 215-636-9900 ext.325
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    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.
    #129
    Scottsdale AZ 85260
    USA
    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
    USA
    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
    Principal
    909 14th Street
    Modesto CA 95354
    USA
    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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    Timothy P McCormick, PE, CBO, CASp,
    President
    21250 Hawthorne Blvd
    ste. 500
    Torrance CA 90503
    USA
    phone: 310-792-7044
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    Timothy McCormick ADA Accessibility Expert PhotoTimothy P. McCormick, PE, CBO, CASp, President career spans four decades related to the construction industry. He currently specializes in ADA Accessibility.

    Mr. McCormick is licensed in California as both a civil engineer and a general contractor. He holds certifications as a Building Official and Plans Examiner from the International Code Council and as a Certified Access Specialist (CASp) from the California Division of the State Architect.

    Background - Mr. McCormick's work history includes duties as a carpenter, superintendent, general contractor, civil engineer, and building official before starting his own consulting company. His construction experience spans from the simplest of residential structures to the largest of current mixed-use, campus and institutional buildings. Along the way, he developed a strong practical approach to code compliance that creates innovative solutions to meet client needs and the intent of applicable regulations.

    Mr. McCormick has authored several portions of local building codes and regularly participates in the development of State of California building code amendments related to accessibility. His professional memberships include the International Code Council, California Building Officials and the Certified Accessibility Specialist Institute.

    Litigation Support - Mr. McCormick provides expert review of construction drawings and inspection of buildings for compliance with applicable codes, regulations, and practice standards. He has specialized knowledge in accessibility design and construction requirements mandated under the Federal Fair Housing Act, Americans with Disabilities Act and California Building Code.

    His expert knowledge and code development work make him a much sought expert for litigation, construction and training needs. His expertise is available to counsel representing both plaintiff and defendant.

    Areas of Expertise:
    • Review of Construction Drawings
    • Building and Land Use Codes
    • Code Compliance Building Inspection
    • ADA Accessibility Design Requirements
    View Timothy McCormick's Consulting Profile.
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    John A. Dalkowski, III, CRE, MAI
    Corporate Office (FL, SC Offices Below)
    30 Wall St., 8th Floor
    New York NY 10005-3128
    USA
    phone: 212-983-2426 888-589-3444
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    John Dalkowski Real Estate Expert PhotoJohn A. Dalkowski III, CRE, MAI, is Managing Director of NRER, with offices in Miami, FL; New York, NY and Hilton Head Island, SC. He has over 45 years experience in Real Estate Valuation, Development, and Counseling in 26 states and has appraised in excess of $8 Billion in assets.

    Mr. Dalkowski's major focus is litigation and arbitration support and expert witness services, distressed property solutions, and valuation advisory services, particularly on specialized or complex transactions such as major office buildings and hotels and other trophy real estate assets, including ski resorts, waterparks, outdoor entertainment venues, resort hospitality and timeshare properties, and correctional facilities. He has completed numerous valuations of major Manhattan hotels and office buildings and more than 100 distressed asset valuations for the FDIC, as well as complex litigation support such as the recent Chinese Drywall test case in Louisiana.

    Litigation Support - Mr. Dalkowski is experienced in providing transactional counseling, litigation, arbitration support, expert witness testimony, forensic appraisals, and valuation advisory services, particularly on specialized or complex transactions.

    Areas of Expertise:
    • Acquisitions
    • Dispositions
    • Full and Partial Interests' Appraisals
    • Complex Valuations
    • Development
    • Market and Feasibility Studies
    • EB-5 Feasibility Studies
    • Investment Analysis
    • Diminution of Value Damages
  • Environmental Stigma
  • Tax Appeal Asset Allocation
  • Air Rights
  • Transfer of Development Rights (TDRs)
  • Foreclosure / Deficiency Judgments
  • Eminent Domain
  • Condemnations
  • Construction Defects
  • Historic Façade Easements / Conservation Easements
  • Miami Office
    701 Brickell Avenue
    Suite 1550
    Miami, FL 33131
    South Carolina Office
    Flamingo Street
    P.O. Box 7523
    Hilton Head Island, SC 29228


    View John Dalkowski's Consulting Profile.
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    David J. Brotman, FAIA
    Principal
    29500 Heathercliff Road
    SPC161
    Malibu CA 90265-6161
    USA
    phone: 310-457-6048
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    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
    Principal
    8209 Tuscany Avenue
    Playa Del Rey CA 90293
    USA
    phone: 310-745-1560
    fax: 310-305-8570
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    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).

    Experience:
    • 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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    Philip Simmons
    President
    P.O. Box 786
    Lake Arrowhead CA 92352
    USA
    phone: 310-439-4119
    fax: 310-300-3020
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    Philip Simmons Real Estate Expert PhotoPhilip Simmons has 30 years of experience managing major Real Estate Developments. Having served as Division President of the nation’s largest private residential development company, he has unique executive, development, legal, and brokerage skills.

    Mr. Simmons is a land use attorney and licensed California real estate broker. He has provided complex development project and organization management services to some of the nation's largest public and private development companies and public agencies, as well as individual land owners and businesses with real estate interests.

    Litigation Support - Mr. Simmons offers expert witness and non-testimony expert consultation on behalf of legal counsel or real estate developer / investor in matters involving front end due diligence, acquisition, contracting and entitlements relating to major real estate development issues. His services are available to attorneys representing both Plaintiff and Defense. With superb presentation, testimony, and communication skills, Mr. Simmons offers creative solutions to difficult litigation challenges. Consulting and/or expert witness services.

    Areas of Expertise:
    • Land Use
    • Acquisition
    • Entitlement
    • Development
    • Contracts
    • Syndications
    • Finance
  • Disposition
  • Project Management
  • Negotiations
  • Strategic Planning
  • Business Planning
  • Consultant Selection
  • Public Hearing
  • View Philip Simmons' Consulting Profile.
    12/2/2015 · Real Estate
    Selecting an expert witness requires a thorough understanding of the issues in the case, as well as the type of experts that may be required to provide clarity of the issues for the finder of fact. Some areas of practice, such as land use and real property litigation, often involve added dimensions of complexity in evaluating and planning for expert testimony. Litigation varies widely from case to case, but the attorney's challenge remains the same: putting together expert testimony to clearly articulate the relevant facts and the conclusions that should be drawn from the facts. Con siderations that go into properly evaluating the need for expert testimony, including selecting and managing the experts, can be among the most critical aspects of successful trial preparation.

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    James D. Wamble, PE, RLS
    PE, RLS
    40 Middleton Street
    Nashville TN 37210
    USA
    phone: 615-251-9555
    fax: 615-251-9034
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    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 12 times in 8 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.