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Nossaman LLP

John J. Flynn III

Partner

T 949.833.7800
F 949.833.7878
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612
General
Telecom Litigation

John Flynn represents private developers and public agencies in complex land use and environmental litigation matters. He has prosecuted and defended approximately 40 land use cases, in both state and federal trial and appellate courts. He was recognized in 2015 by The National Law Journal as one of the "Top 50 Energy & Environmental Trailblazers" in the U.S., and has been recognized by Los Angeles magazine in 2009-2015 as a Southern California "Super Lawyer" in Environmental Litigation.

Mr. Flynn received his J.D. from the University of California, Berkeley and his B.A. from the University of California, Los Angeles. He is a member of all the federal district courts in the State of California, the Ninth Circuit and D.C. Circuit, and the U.S. Supreme Court.

Representative Work

City of Palm Desert v. Sunrise Company  Defense of project approvals for $1 billion resort commercial project planned for City of Indian Wells. Judgment in favor of client. 

Concerned Citizens for Huntington Beach v. Angus Petroleum Corporation  Defense of action challenging approvals for major oil well consolidation project in the City of Huntington Beach. Judgment in favor of client.

Los Ranchos Community Association v. Coto de Caza  Defense of approval of vesting tentative subdivision map for residential development in Coto de Caza.  Judgment in favor of client.

Greenbelt Alliance v. Contra Costa Transportation Authority  Defense of approval of client's first Congestion Management Program. Judgment in favor of client.

Laguna Greenbelt v. San Joaquin Hills Transportation Corridor Agency and Elizabeth Leeds v. Transportation Corridor Agency  Defense of actions challenging environmental approvals for San Joaquin Hills Transportation Corridor.  Judgment in favor of client and affirmed on appeal.

Open Space Coalition, et al. v. Regents of the University of California, et al.  Defense of action challenging sale of right of way for San Joaquin Hills Transportation Corridor by Regents of the University of California. Judgment in favor of client, TCA.

Laguna Greenbelt, Inc., et al. v. United States Department of Transportation (42 F.3d 517 (9th Cir. 1994))  Defense of action challenging Federal Highway Administration approval of San Joaquin Hills Transportation Corridor under the National Environmental Policy Act, the Clean Air Act and the Department of Transportation Act.  Judgment in favor of client and affirmed on appeal.

Save Our San Juan v. County of Orange, et al.  Defense of action challenging County of Orange financing for San Joaquin Hills Transportation Corridor.  Judgment in favor of County of Orange and client, TCA.

Save Our San Juan v. City of San Juan Capistrano  Defense of action challenging approval of plan for realignment of Rancho Viejo Road in order to construct the San Joaquin Hills Transportation Corridor. Motion for preliminary injunction to halt Corridor construction denied. Court issued writ requiring TCAs to determine whether supplemental EIR required. TCAs determined that supplemental EIR was not necessary and Court affirmed.

Newport Coast Drive Defense Fund v. San Joaquin Hills Transportation Corridor Agency, et al.  Defense of action challenging approvals by TCA and the County of Orange, incorporating a portion of Newport Coast Drive into the Corridor.  Judgment in favor of client and affirmed on appeal.

City of Santa Ana v. Foothill/Eastern Transportation Corridor Agency and City of Laguna Beach, et al. v. Foothill/Eastern Transportation Corridor Agency  Defense of actions challenging approvals for the Eastern Transportation Corridor.  Judgment in favor of client.

Sea and Sage Audubon Society, et al. v. City of Mission Viejo, et al.  Defense of action seeking to block construction of Northern Segment of Foothill Transportation Corridor. Opposition's motion for preliminary injunction denied. Lawsuit dismissed.

Endangered Species Committee of the Building Industry Association of Southern California, et al. v. Babbitt, et al. (852 F. Supp 32 (D.D.C. 1994))  Action by clients TCA and Building Industry Association of Southern California challenging listing of California gnatcatcher as a threatened species.  Motion for summary judgment granted in favor of clients, TCA/BIA, vacating listing of California gnatcatcher because of violations of Administrative Procedure Act and Endangered Species Act.

Bolsa Chica Land Trust v. Board of Supervisors  Defense of action challenging County approvals under CEQA for 3,300 unit residential project, including development of Bolsa Chica mesa and filling and restoration of Bolsa Chica wetlands. After appeal, judgment in favor of County of Orange and client, Koll Real Estate Group (now known as Hearthside Homes).

South Laguna Civic Association v. City of Laguna Niguel, et al.  Defense of action challenging approvals for client's controversial ridgetop residential development, to be located in City of Laguna Niguel overlooking Pacific Coast Highway. After appeal, judgment in favor of client.

Bolsa Chica Land Trust v. City of Huntington Beach  Defense of action challenging approvals for residential project to be located in the City of Huntington Beach, on a portion of the Bolsa Chica mesa (Warner Mesa).  Judgment in favor of City of Huntington Beach and client, Hearthside Homes, Inc. (formerly Koll Real Estate Group).

Defend the Bay, Inc. etc. et al. v. California Regional Water Quality Control Board  Defense of action challenging State Water Board's approval under the federal Clean Water Act, of a National Pollution Discharge Elimination Systems Permit, for discharge of water underlying a portion of the Eastern Transportation Corridor.  Judgment for Water Board, and for client, Foothill/Eastern Transportation Corridor Agency and affirmed on appeal.

Ron Holland, et al. v. California Coastal Commission  Action by clients challenging Coastal Commission's assertion of jurisdiction over County of San Luis Obispo extension of client's subdivision map. Judgment in favor of client and affirmed on appeal.

D.T. Smith Equities, Ltd. v. City of Dana Point  Action by client against City of Dana Point seeking order extending life of subdivision map declared by City to have expired.  Judgment in favor of client, D.T. Smith Equities, Ltd.

Christensen v. County of Riverside  Client sued County of Riverside, challenging, on CEQA grounds, the county's imposition of a scenic protection overlay that prohibited clients' development of their property for wind energy purposes. Judgment in favor of client.

Rolfe v. Caltrans (104 Cal.App.4th 239)  Defense of action challenging Caltrans' use of property acquired with Park Bond Funds for highway purposes, in a case of first impression. Judgment for client and affirmed on appeal.

Standard Pacific of Orange County, Inc. v. City of Walnut  Client sued City of Walnut over City's unlawful requirement of a supplemental EIR for review of plans submitted in accordance with vesting tentative map conditions. Judgment in favor of client and affirmed on appeal.

South Coast Oil v. City of Huntington Beach  Defense of EIR for Pacific City project in Huntington Beach. Judgment in favor of client after motion for judgment on the pleadings granted.

National Enterprises v. Caltrans  Defense of CEQA action, challenging client's development of the South Bay Expressway (SR 25), a 12-mile private toll highway to be located in San Diego County.  Judgment in favor of client, California Transportation Ventures.  Affirmed on appeal.

Quorum Realty III v. City of Paso Robles  Challenge to City's refusal to prepare an EIR for a resort project near Hwy. 101.  Judgment in favor of client.

Stern v. City of Malibu  Defense of action challenging negative declaration for telecommunications facility to be built by Sprint, the client, in the City of Malibu. Opponents' motion for preliminary injunction denied. Case then immediately settled on highly favorable terms and dismissed.

Nextel v. City of Laguna Beach  Action against City for refusal to issue permit for installation of wireless telecommunications facility. After filing of action, City stipulated to issuance of permit.

Nextel v. City of Los Angeles  Action against City for refusal to issue permit for installation of wireless telecommunications facility. After filing of opening brief, City stipulated to issuance of permit.

Cox Communications v. City of Laguna Beach  Action against City for refusal to issue permit for installation of wireless telecommunications facility. Judgment in favor of client.

Cox PCS Assets, LLC v. City of Westminster, et al.  Action against City for refusal to issue permit for installation of wireless telecommunications facility. After filing of action, City stipulated to issuance of permit.

Sprint PCS Assets, L.L.C. v. City of La Canada Flintridge, et al.  Action against City for refusal to issue permit for installation of wireless telecommunications facility. After appeal, decision in favor of client.

Building Industry Association of Fresno/Madera Counties v. City of Fresno  Client challenged the City of Fresno's invalid adoption of a fire sprinkler ordinance.  Judgment in favor of client, and affirmed on appeal.

T-Mobile v. City of Agoura Hills  Action against City for refusal to issue permit for installation of wireless telecommunications facility.  Judgment in favor of client.

Awards & Honors

Named a Southern California "Super Lawyer" for Environmental Litigation in 2009-2016 by Los Angeles magazine.

AV Preeminent® Peer Review Rated by Martindale-Hubbell.

John J. Flynn III
John J. Flynn III

Practices

Education

J.D., University of California, Berkeley School of Law, 1977

B.A., University of California, Los Angeles, 1974, magna cum laude

Admissions

California

U.S. District Courts, Central, Northern, Southern and Eastern Districts of California

U.S. Court of Appeals. Ninth Circuit

U.S. Court of Appeals, District of Columbia Circuit

U.S. Supreme Court

Professional Affiliations

Former Member, Community Advisory Board of the UCI Clinical Cancer Center

Former Member, Governing Board of the Irvine Unified School District (1981-1985)

Member, Board of Directors, St. Thomas More Society

Awards & Honors

Named a Southern California "Super Lawyer" for Environmental Litigation in 2009-2016 by Los Angeles magazine.

AV Preeminent® Peer Review Rated by Martindale-Hubbell.

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