KEVIN H. BROGAN specializes in the trial of business and real property cases, with a special emphasis on eminent domain and inverse condemnation matters. He has substantial experience in the trial of jury and non-jury cases in federal and state courts and before administrative tribunals.
Mr. Brogan is a native of Pasadena. California. He received a Bachelor of Science degree from the University of California at Berkeley, Haas School of Business in 1976 and a juris doctorate from the University of California, Hastings College of Law in 1979. He served as Law Clerk for Honorable Oliver Seth, Chief Judge of United States Court of Appeals for the Tenth Circuit, in Santa Fe, New Mexico. He is admitted to practice in California, before the United States Supreme Court, the Court of Federal Claims, and numerous federal district and circuit courts. He joined Hill, Farrer & Burrill LLP in 1978.
Mr. Brogan is a Fellow of the American College of Trial Lawyers, He is listed in The Best Lawyers in America in the field of eminent domain and condemnation law.
He is active in bar activities. He is presently Co-Chair of the Eminent Domain Subcommittee of the Real Estate Litigation Committee of the Litigation Section of the American Bar Association. From 1995 through 1997, Mr. Brogan was Co-Chairman of the Inverse Condemnation and Eminent Domain Subsection of the Real Property Section of the State Bar of California. From 1992 through 1995 he was Chairman of the Eminent Domain and Land Valuation Committee of the Los Angeles County Bar Association. From 1989 to 1992 he was Vice Chair of the Judicial Evaluation Committee of the Los Angeles County Bar. His professional affiliations also include the American Bar Association and the Association of Business Trial Lawyers. In 2007, he wrote the California portion of The American Bar Associations Compendium of The Laws of Eminent Domain and he updates it on a yearly basis.
Currently, Mr. Brogan is representing a number of real property and business owners in various condemnation proceedings brought by state and local government agencies. The properties being condemned include those being used as shopping centers, industrial facilities, retail centers, development tracts, and stand alone manufacturing facilities. He is also representing a number of property owners in inverse condemnation matters. In addition, Mr. Brogan is representing parties in lease valuation, land use, partnership, zoning and related disputes.
His jury trials within the last two years include prevailing in several condemnation and inverse condemnation trials in which he represented owners of property with a variety of uses, including commercial office buildings, retail properties and raw land, He also successfully completed the retrial of Cuna Mutual v. Los Angeles Metropolitan Transportation Authority, leading to a substantial settlement in favor of Cuna. He was retained as trial counsel for Campus Crusade in the retrial of Metropolitan Water District v. Campus Crusade (2007) 41 Cal.4th 954 which recently settled. During this period, Mr. Brogan has also convinced, through litigation and/or negotiation, various governmental agencies to not condemn properties of clients who desired to avoid the condemnation of their parcels.
During this same period, he also successfully defended several large law firms charged with legal malpractice, breach of fiduciary duty, and malicious prosecution. He began that work as a result of his condemnation practice, and a request that he represent a firm which was alleged to have committed malpractice in its handling of a condemnation action. His representation of firms has since included all types of underlying matters, from claims involving intellectual property to corporate representation.
Some of his cases which have been reported in published opinions include: Cuna Mutual Iris. v. Los Angeles County Metropolitan Transp. Authority (2003) 108 Cal.App.4th 382, City of Vista v. Fielder (1996) 13 Cal.4th 612, Community Redevelopment Agency v. Force Electronics (1997) 55 Cal.App.4th 622, LAUSD v. Trump Wilshire (1996) 42 Cal.App.4th 311, State of California v. Union Pacific Land Resources (1984) 179 Cal.App.3d 307, Pincus v. Pabst Brewing (7th Cir. 1990) 893 F.2d 1544, and Myers v. Atchison, Topeka & Santa Fe(1990) 224 Cal.App.3d 752.
He is volunteer General Counsel and a member of the Board of Directors of the San Gabriel Valley Council of the Boy Scouts of America. He is also a member of the board of The Ketchum-Downtown YMCA and several other non-profits. In the past few years, he has been an assistant coach for The Los Angeles Cougars, a boys under-18 rugby club, a member of the Development Committee at Loyola High School, a member of the Board of Trustees of the Maytield Junior School, local Little League and AYSO groups. He is also a past member of the California Rugby Alumni Board which consists of former Cal rugby players. He actively works with Public Counsel, providing pro bono assistance in his practice areas.
Eminent Domain and Inverse Condemnation
Complex Business and Real Property Litigation
Professional Liability Defense
100% of Practice Devoted to Litigation
California, 1979
U.S. District Court Central District of California, 1980
U.S. District Court Eastern District of California, 1980
U.S. District Court Northern District of California, 1980
U.S. District Court Southern District of California, 1980
U.S. Court of Appeals 9th Circuit, 1980
U.S. Court of Appeals 7th Circuit, 1980
The Court of Federal Claims, 1987
U.S. Supreme Court, 1987
University of California, Hastings College of the Law, San Francisco, California, 1979
J.D.
University of California, Berkeley, Berkeley, California, 1976
B.S.
Major: Finance
Major: Business Administration
Pipefuls, Random Musings of a Condemnation Trial Lawyer, Appraisal Institute, 2008
The Appraiser as Expert Witness, Appraisal Institute, 2005 - 2006
Cross-Examination of Experts, International Right of Way Society, 2002 - 2003
Listed in "Best Lawyers in America" for Eminent Domain, 2008 - Present
Fellow, The American College of Trial Lawyers, 2003 - Present
Member, American Bar Association
Member, Los Angeles County Bar Association
Member, Irish American Bar Association
Volunteer General Counsel, San Gabriel Valley Council of the Boy Scouts of America, 2006 Present
1953, Pasadena, California, United States of America
Kevin H. Brogan 
