Mark Alpert has been a member of Hart, King & Coldren's litigation department
since 2001. Mr. Alpert's practice has an emphasis on real estate,
land use and property rights. He has represented real
estate developers, business owners and commercial landlords in real estate and business disputes.
Mr. Alpert is a seasoned litigator who represents his clients before administrative bodies, state
and federal courts. He has a broad background in complex business litigation ranging from representing
small family businesses to large corporations. Mr. Alpert has a
special expertise in rent control. He has obtained substantial rent increases for
property owners subject to rent control throughout California, including:
A $1.5 million dollar pass-through for the cost of a park sewer connection in Moreno Valley.
A rent increase of approximately $135.00 per space in Yucaipa, along with a Judgment for legal fees.
A rent increase of over 50 percent for a mobilehome park in Sonoma County, California
A rent increase of over 40 percent for a mobilehome park in Carson, California, which was the largest rent increase ever granted by that City's Rent Board.
Others include: $165.00 per space increase in Lancaster, $100.00 per space rent increase in Petaluma, California, $109.00 per space increase in Calimesa,
California and a rent increase of $157.00 per space in Santa Paula, California
Mr. Alpert has litigated many property rights cases before the Ninth Circuit Court of Appeals, several of which have led to the recognition of new theories of
recovery that will make it possible for more property owners to successfully challenge takings caused by rent control or other forms of governmental regulation including:
Guggenheim v. City of Goleta 582 F.3d 96 (9th Cir. 2009)(Adoption of rent control ordinance a regulatory taking)
Los Altos El Granada v. City of Capitola
583
F.3d674
(9th Cir. 2009)(State court may not prevent property owner from reserving federal constitutional claims in federal courts)
Mr. Alpert also has significant experience processing land use entitlements
and related litigation.
Mr. Alpert also edits and is a major contributor to
California Property Rights Journal,
a property rights and land use blog published by Hart, King &
Coldren.
Admissions:
California
U.S. District Court Central, Northern and
Southern District's of California
U.S. Court of Appeals 9th Circuit
Education:
Vanderbilt University School of Law,
Nashville, Tennessee, J.D., 1988
University of
California Irvine, B.A. 1985 Cum Laude, Phi Beta Kappa,
School of Social Sciences Order of Merit, Distinguished Services
to Social Sciences Community
Activities:
Mr. Alpert lectures and writes frequently on topics related to property rights and land use issues.
Affiliations:
California State
Bar Association
Orange County Bar
Association
Los Angeles Bar
Association
University of
California at Irvine Alumni Association, Board of Directors ,
Vice President of Programs (past)
City of
Huntington Beach Environmental Board Secretary (past)
You should consult an attorney for individual advice regarding your own situation.
Copyright 2010 by Hart, King & Coldren. A Professional Law Corporation. All rights reserved.
You may reproduce materials available at this site for your own personal use and for non-commercial distribution.
All copies must include the above copyright notice.
