Land Use Expert Witnesses

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.

Litigation Support - 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 Mr. Horsak's Consulting Profile.

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.

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.

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

Frank S. Ferrantello, PLS, is a New York State Licensed Land Surveyor with over 20 years of experience in Surveying, Civil Engineering, and Land Use Planning. Both his field and office Work experience have dealt with a wide range of projects and sites including residential single, multifamily, high rise municipal, utility, private and public, commercial, and industrial. Prior to and post college, Mr. Ferrantello worked for the firm of John P. Ferrantello PC from 1998 to 2010 and MJM engineering from 2008 to 2016. His duties consisted of performing office and field surveying, drafting, research, computations, boundary analysis, solutions, investigations and determinations. Mr. Ferrantello also has extensive experience in Site Planning and Subdivision Consulting, examining title records, deeds and other recorded documents such as ingress and egress, pedestrian easements, right of ways, air and development rights, vista easements, bridle paths, beach, bathing and mooring rights, covenants and restrictions, real property, zoning, and other land use principles. Litigation Support - A mapping professional, Frank S. Ferrantello will enhancing your case, whether it is a vehicular accident, tree collision, wrongful death, adverse possession, extreme error, or misconduct surveys and maps. He has extensive knowledge of the local Long Island zoning codes, site planning and subdivision regulations. His services are available to attorneys representing plaintiff and defendant, insurance companies, and experienced developers. Legal Services:

Expert Witness Testimony Environmental Consulting Legal Descriptions and Deeds Liaison for Municipalities Variance Applications Wetlands Applications Zone Changing Requests Riparian Rights

Riparian Surveys Beach Enhancements Property and Easement Descriptions Trip and Fall Surveys Photo Dynamic and Exhibit Surveys Vehicular Accident Diagrams Forensic Surveys Legal Affidavits

Areas of Expertise:

Accident Investigation Photo Analysis & Mapping Sidewalks / Walking Surfaces Slips Trips Falls ADA Compliance / ADA Design Commercial Development Construction Zones Real Estate Zoning Drainage Land Development / Site Work Land Mapping Land Surveying – PRIMARY

Land Use Planning / Site Planning Urban Design / Development / Planning Civil Engineering Sanitary Engineering Sewers Aerial Photo Analysis & Mapping Floods / Flood Studies Site Analysis DOT Rules & Regulations Highway Sight Distance Highway / Street Design

View Frank S. Ferrantello's Consulting Profile.

George Hedley is the founder and President of Hedley Construction and Development Inc., a major General Contractor, Owner’s Representative, and Construction Manager headquartered in Orange & Riverside Counties, Southern California. Since 1977, Mr. Hedley has built and / or developed more than 1,000 projects totaling in excess of 15 million square feet of commercial, office, industrial, and residential projects valued at more than $700,000,000. As a general contractor and construction manager, he has constructed numerous projects ranging from $3,000,000 to $10,000,000 each. Mr. Hedley has served as a Past President of Associated Builders & Contractors and Southern California Builders Association. He has presented over 500 presentations and workshops to national construction conventions including over 60 programs at the World Of Concrete. He is author of 10 construction business books including “Get Your Construction Business to Always Make A Profit!”, and several workbooks on Estimating, Project Management, Field Management, and Contracts. He has also written over 250 published articles in major construction industry publications including Construction Business Owner magazine. Construction Expert Witness - Mr. Hedley offers construction expert witness and consulting services. His areas of expertise include:

Cost Estimating & Cost of Replacement Defect Analysis and Inspections Claims and Disputes Standard Industry Practices

Schedule Delays Contractor / subcontractor Disputes Contracts and Change Orders Field and Project Management

Real Estate Expert Witness - Mr. Hedley also offers Real Estate Development and Asset Management expert witness and litigation support services. His areas of expertise include:

• Standard Practices Of Developers
• Permits and Approval Processing
• Architecture, Engineering & Planning Issues
• Partnership and LLC Disputes
• Financing, Construction Loans and Banking Disputes
• Liability and Responsibility
• Budgets and Proformas

View George Hedley's Consulting Profile.

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

Robert Kehiayan, CPM, has over 35 years of experience in Asset and Property Management and Investment Brokerage. He specializes in commercial property including office and medical buildings, industrial parks, retail centers, and over 20,000 residential units. Background Experience - Mr. Kehiayan's experience with commercial properties is nationwide and involves leasing, sales, and management. He has substantial experience with commercial tenant leases, representing both landlords and tenants in leasing and property management. He has been intimately involved in countless lease transactions and lease administration. At a senior level, Mr. Kehiayan also supervises and trains agents in this regard. He is a California Bureau of Real Estate (CalBRE) certified instructor and teaches an advanced continuing education CalBRE credit course on the topic of leasing, management, acquisition, and sale of commercial real estate. He is credentialed as a Certified Property Manager (CPM) by the Institute of Real Estate Management (the most respected organization in this sector or real estate). Litigation Support - Robert Kehiayan is a qualified expert witness, asset manager, property manager, leasing agent, and licensed Real Estate Broker & Realtor® in CA and TX. experience includes deposition and testimony in court. He has also completed declarations including a rule 26 federal court report. Expert Witness Services:

• Courtroom testimony concerning industry standards, customs and practices in order to evaluate the legal liability of all parties
• Supply analysis in order to ascertain the facts and determine the historic context of the disputed issue
• Evaluate the arguments of opposing experts and assisting with the development of lines of questioning or specific questions for use in expert witness depositions

Areas of Expertise:

• All Commercial Real Estate including Retail, Office Spaces, Industrial, Apartment Properties, Shopping Centers, Storage Facilities, and Undeveloped Land
• Property Management
• Asset Management Leasing Representation for both Landlords and Tenants
• Investment Property Analysis, Due Diligence, and Acquisition for Buyer
• Broker Standard of Care
• Buyer and Seller Representation
• Due Diligence
• Guidance through 1031 Exchange Process
• Landlord and Tenant Issues
• Industrial Real Estate
• HOA Standard of Care

View Robert Kehiayan Consulting Profile.

John 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 $10 Billion in assets.

Mr. Dalkowski's major focus is litigation and arbitration support and expert witness services, diminution of real estate value / real estate damages, 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.

Petru Corporation is a full service land consulting company offering a full line of Title, Natural Resources, and Land services.

Incorporated in 1986, Petru serves the needs of the title, title insurance, oil, gas, mineral, geothermal, wind, solar, mining, environmental, and right-of-way industries; legal, engineering, subdivision, developers, and land planning professions; government; lending and trust institutions; water purveyors; utilities; real estate companies; and the individual and business communities.

Petru Corporation and Tim Truwe were featured on Enterprises TV, aired on Fox Business Network and were published in Black Gold in California, the story of the California Petroleum Industry and also in The Business Elite, Corporate America.

Consulting Services:

Title Consulting Title Searching Title Examining Title Reports Title Engineering Title Insurance Plot Descriptions and Easements Map Drafting and Map Review Property Inspections Right of Way/Easements Water Rights

Leasehold Estates Oil, Gas, Mineral and Mining Consulting Subdivision Map Act Negotiate Oil and Gas Leases Regulatory Consulting Permitting/Regulatory Title Insurance Underwriting Support Title Insurance Claims Due Diligence Acquisitions and Divestitures Mining Claims

Timothy B. Truwe, President and Chief Financial Officer of Petru Corporation, is a Registered Professional Landman (#23542) and a Registered Environmental Property Assessor (#569045). He specializes in Title, Natural Resources and Land Matters issues and offers a full line of title, and land services.

Background - Mr. Truwe started his career in 1973 in the title, resource, and regulatory industries. His career includes employment and training at Ticor Title Insurance Company (now Chicago Title Co.) as Title Searcher, Title Officer, and Title Engineer. He also worked at Ogle Petroleum Inc., as Assistant Land Manager in the Land/Legal Department. His responsibilities at Ogle included both onshore and offshore assets and the technical and administrative oversight of several thousand parcels of land and leases in excess of one million acres.

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.


Presentation by: David J. Brotman, FAIA

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.

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.