408-286-5800

Attorneys

Andrew L. Faber

Partner

Business Litigation; Land Use & Municipal Law

Mr. Faber has over thirty-five years of experience in representing private and public clients in a wide range of land use, environmental, and public law matters, and in real estate, environmental, and eminent domain litigation. In 2007, 2008, 2009 and 2010, Mr. Faber was recognized as a Northern California Super Lawyer by Law & Politics in Government/Cities/Municipalities.

Mr. Faber represents a number of public agencies, including as Acting City Attorney of the City of Gilroy and Acting General Counsel of the South County Regional Wastewater Authority, along with special representation of agencies regarding development issues and in the trial of CEQA cases.

Education/Honors

Stanford University Law School, J.D., Articles Editor, Stanford Law Review, vol. 26, Author of Published Note, 1974
Harvard University, A.M., Applied Physics, 1968
Swarthmore College, B.A., Physics, with High Honors, Phi Beta Kappa, 1967

Representative Cases

Contra Costa Water District v. Vaquero Farms, Inc.
Contra Costa County Superior Court. Lead trial counsel for Water District in eminent domain action to acquire 3,400 acres of land for Los Vaqueros Reservoir Project; District's valuation of the property was $8 million, landowner's was $57 million; after three-month-long jury trial, verdict was $14.4 million, which was less than the District's final offer to the landowner
People (CalTrans) v. Liberty Service Corp., Santa Clara County Superior Court
Trial Counsel for landowner in eminent domain action on the valuation of 60 acres of property for the widening of Route 237; landowner's valuation of the property was $12 million; State's was less than $4 million; result after three-week jury trial: $10.15 million verdict plus attorneys' fees, costs, and interest
Santa Clara County Local Transportation Authority v. Guardino
11 Cal.4th 220 (Cal. Supreme Court 1995). As General Counsel for SCCLTA, participated in precedent-setting Supreme Court case on the scope of public entities' powers to levy general and special taxes in light of Propositions 13 and 62
Sesi v. Signal Landmark, et al
U. S. District Court for S. D. Cal. (San Diego). Successfully extricated the City of Coronado from complex CERCLA and RCRA actions arising out of contaminated soils from a former city dump site

Legal Experience

CEQA/NEPA Matters
Represents public and private clients in developing strategy and reviewing EIR/EIS's for CEQA/NEPA compliance to avoid litigation; also trial and appellate counsel in numerous CEQA and NEPA lawsuits for both public and private clients, including, e.g., BFI v. City Council of San Jose, 181 Cal. App. 3d 852 (6th Dist. 1986); Sierra Club v. Gilroy, 222 Cal. App. 3d 30 (6th Dist. 1990)
Private Land-Use Work
Represents private developers and landowners in applications for general plan amendments, rezonings, subdivision maps and use permits, including processing applications and making public appearances in San Jose, and many other local cities, including Santa Clara, Los Gatos, Saratoga, Foster City, Fremont, Newark
Public Agency Counseling
Represents a number of public agencies, including as Acting City Attorney of the City of Gilroy and Acting General Counsel of the South County Regional Wastewater Authority, and formerly as general counsel of the Santa Clara County Local Transportation Authority, and Acting City Attorney of Milpitas

Non-Legal Professional Experience

Oceanographer, U.S. Naval Research Laboratory, Washington, D.C., 1968 - 71

Professional Admissions

State Bar of California, 1974 - present
California Supreme Court
United States Supreme Court
United States Court of Appeal, Ninth Circuit
United States District Court, Northern, Central, Southern Districts of California

Presentations

“Prop. 98: Property Owner Protection or Hidden Agendas Scheme?” League of California Cities, City Attorneys Conference, La Jolla, 2008
"Reducing the Traffic that Causes the Potholes: California's New ‘Regional’ Congestion Management Scheme," American Bar Association Annual Convention, Toronto
"New Initiative Cases Pose More Questions for City Attorneys," League of California Cities, City Attorneys Conference, Lake Tahoe
"Legally Defensible Environmental Review Under CEQA in California," Lorman Education Services, 2004 - 2008
"Civil Procedure Before Trial," Continuing Education of the Bar
"Surviving Cross-Examination, Appraisal Institute Seminar," South Bay Workshop

Articles/Publications

California Real Estate Law (Matthew-Bender), "Exactions," chapter 64
California Real Estate Forms and Practice (Matthew-Bender), "Zoning, Building, and Environmental Entitlements and Permits," chapter 30B
Silicon Valley Business Ink, "Seen Any Red-Legged Frogs Lately?," Dec. 15, 2000

Activities/Memberships

American Bar Association
Santa Clara County Bar Association
Santa Clara County Superior Court, Arbitrator; Judge Pro Tem (Settlement, Law and Motion, and Trial)
Santa Clara County Bar Association Law Foundation, Past Director, Past Treasurer
"AV" Rating, Martindale-Hubbell